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GENERAL 


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PUBLIC  SCHOOL  LAWS 


OF 


ALABAMA 
1905 


ISSUED  BY 

ISAAC  W.  HILL 

Superintendent  of  Education 


GENERAL 


PUBLIC  SCHOOL  LAWS 


OF 


ALABAMA 
1905 


ISSUED  BY 

ISAAC  W.  HILL 

Superintendent  of  Education 


^0 


DEPARTMENT  OF  EDUCATION, 


ISAAC  W.  HILL,  HARRY  C.  GUNNELS, 

Superintendent  of  Education.  Chief  Clerk. 

W.  C.  SWANSON  and  N.  I.  BILLING,  MISS  LENA  FABER, 

Bookkeepers.  Stenographer. 


STATE  BOARD  OF  EXAMINERS. 

ISAAC  W.  HILL,  Ex-Officio  President. 

WM.  F.  FIEAGIN,  Secretary. 

J.  NICHOLENE  BISHOP. 


M^SS  S^tSIE  r»PFUTT,  Stenographer. 


PUBLIC  SCHOOL  LAWS  OF  ALABAMA. 


Article  I. 

PUBLIC   SCHOOL   FUND. 

3539.  Appropriatimis  for  public  schools. — For  the 
maintenance  of  a  system  of  public  schools  throughout 
the  State,  the  following  sums  of  money  are  hereby  appro- 
priated for  each  scholastic  year,  to- wit : 

1.  The  annual  interest  at  six  per  cent,  on  all  sums  of 
money  which  have  heretofore  been,  or  which  may  here- 
after be  received  by  the  State,  as  the  proceeds  of  sales  of 
lands  granted  or  instituted  by  the  United  States  to  the 
State,  or  to  the  several  townships  thereof,  for  school 
purposes. 

2.  The  annual  interest  at  four  per  cent,  on  that 
part  of  the  surplus  revenue  of  the  United  States,  de- 
posited with  the  State  under  the  act  of  congress  ap- 
proved June  23,  1836. 

3.  All  the  annual  rents,  incomes  and  profits,  or  in- 
terests, arising  from  the  proceeds  of  sales  of  all  such 
lands  as  may  hereafter  be  given  by  the  United  States 
or  by  this  State,  or  by  individuals,  for  the  support  of 
the  public  schools  of  the  State. 

4.  All  of  such  sums  as  may  accrue  toi  the  State  as  es- 
cheats; the  same  to  be  applied  to  the  support  of  the 
public  schools  during  the  scholastic  year  next  succeed- 
ing their  receipt  in  the  State  treasury. 

5.  The  further  sum  of  five  hundred  and  fifty  thou- 
sand dollars,  from  any  money  in  the  treasury  not  other- 
wise appropriated.     (As  amended.) 

6.  The  net  amount  of  poll  tax  that  may  be  collected 
in  the  State;  the  poll  tax  collected  in  each  county  to 
be  retained  therein  for  the  support  of  the  public  schools 
thereof,  and  distributed  and  disbursed  as  provided  in 
this  chapter. 


381353 


4 

7.  All  rents,  incomes  and  profits  received  into  the 
State  treasury  during  the  scholastic  year  from  all  lands 
heretofore  donated  by  the  congress  of  the  United  States 
for  the  support  of  the  public  schools,  and  remaining  un- 
sold, which  shall  be  applied  to  the  support  of  the  pub- 
lic schools  during  the  scholastic  year  next  succeeding 
their  receipt  into  the  treasury. 

8.  Licenses  which  are  by  law  required  to  be  paid  into 
the  school  fund  of  any  county;  to  be  promptly  paid  by 
the  judge  of  probate,  or  other  person  collecting  the 
same,  to  the  county  superintendent  of  education,  and 
to  be  expended  for  the  benefit  of  the  public  schools  of 
such  county. 

3540.*  When  appropriations  accrue,  and  placed  to 
credit  of  educational  fund. — All  such  appropriations, 
except  the  poll-tax,  shall  accrue  to  the  educational  fund 
on  the  first  day  of  October,  in  each  year;  and  on  that 
day  the  State  Auditor  shall  place  to  the  credit  of  that 
fund,  on  the  books  in  his  office,  all  such  amounts  as  ac- 
crue thereto  from  the  sources  in  this  article  mentioned, 
except  the  poll-tax,  for  the  scholastic  year  beginning  on 
that  day. 


Article  II. 

GENERAL  DESIGNATION  OF  OFFICERS. 

3541.  Officers  for  administration  of  public  schools. 
For  the  administration  and  government  of  public 
schools  in  this  State,  there  are  the  following  officers : 

1.  The  superintendent  of  education. 

2.  A  county  superintendent  of  education  in  each 
county. 

3.  Three  township  trustees  in  each  township. 


5 
Article  III. 

SUPERINTENDENT  OF  EDUCATION. 

3542.  (As  amended.)  Term  of  office;  salary. — The 
superintendent  of  education  holds  office  for  the  term 
of  four  years  from  the  time  of  his  installation  in  office, 
and  until  his  successor  is  elected  and  qualified,  and  shall 
receive  a  salary  of  two  thousand,  two  hundred  and  fifty 
dollars  per  annum,  payable  in  monthly  installments, 
on  the  last  day  of  each  month. 

3543.  Oath  of  office  and  bond. — Before  entering  up- 
on the  duties  of  his  office,  he  shall  take  the  oath  of  office 
prescribed  by  the  constitution,  and  shall  also  give  bond, 
with  sureties  to  be  approved  by  the  Governor,  in  the 
sum  of  fifteen  thousand  dollars,  conditioned  faithfully 
to  discharge  the  duties  of  his  office  so  long  as  he  shall 
remain  therein,  or  perform  any  of  the  duties  thereof; 
and  such  bond  shall  be  filed  in  the  office  of  the  Secre- 
tary of  State. 

3544.  Office  and  hooks ^  papers  and  records. — He 
shall  have  an  office  at  the  capitol  of  the  State,  where 
the  bonds,  papers  and  records  of  his  office  shall  be  kept, 
and  where  he  shall  give  attendance  when  not  absent  on 
official  business;  and  it  shall  be  the  privilege  of  all  per- 
sons interested  to  have  access,  at  all  proper  hours,  to 
the  books,  papers  and  records  of  the  office. 

3545.  Clerks  and  their  salaries. — He  is  authorized 
to  employ  four  suitable  clerks  for  service  in  his  office; 
and  such  clerks  shall  be  allowed  salaries  as  follows : 
One,  fifteen  hundred  dollars  per  year;  two,  twelve  hun- 
dred dollars  per  year  each;  one,  five  hundred  dollars 
per  year,  to  be  paid  as  the  salaries  of  other  department 
clerks  are  paid.     (As  amended.) 

3546.  Duties  of  Superintendent  of  Education.  — The 
duties  of  Superintendent  of  Education  shall  be  as  fol- 
lows : 


6 

1.  He  shall  devote  his  time  to  the  care  and  improve- 
ment of  the  common  schools,  and  the  promotion  of  pub- 
lic education,  and  shall  exercise  a  general  supervision 
over  all  the  educational  interests  of  the  State;  and  to 
this  end,  he  shall  have  power  to  require  from  the  county 
superintendents  of  education,  township  trustees  of  pub- 
lic schools,  and  all  other  school  officers,  all  such  reports 
and  information  relating  to  the  educational  fund,  or 
the  condition  of  schools  and  management  thereof,  as  he 
may  deem  important,  or  as  may  be  prescribed  by  law; 
and  he  may  remove  from  office  any  such  officer  for  fail- 
ure to  make  such  report,  give  such  information,  or  dis- 
charge any  other  official  duty. 

2.  He  shall  annually,  as  far  as  practicable,  visit 
every  county  in  the  State  for  the  purpose  of  inspecting 
the  schools  and  their  management,  the  accounts  of 
county  superintendents  of  education,  and  other  school 
officers,  and  for  diffusing  as  widely  as  possible,  by  per- 
sonal address  and  personal  communication,  information 
as  to  the  importance  of  public  schools  and  the  best 
method  for  their  management;  and  he  shall  encourage 
and  assist  at  organizing  and  conducting  teachers'  and 
superintendents'  institutes. 

3.  He  shall  make  provision  for  instructing  all  pupils 
in  all  schools  and  colleges  supported,  in  whole  or  in 
part  by  public  money,  or  under  State  control,  in  hy- 
giene and  physiology,  with  special  reference  to  the  ef- 
fects of  alcoholic  drinks,  stimulants  and  narcotics  upon 
the  human  system. 

4.  He  shall  make  provision  for  instructing  all  pupils 
in  all  schools  and  colleges  supported,  in  whole  or 
in  part,  by  public  money,  or  iinder  State  control,  in 
the  constitution  of  the  United  States  and  the  constitu- 
tion of  the  State  of  Alabama. 

5.  He  shall  annually  apportion  the  public  school 
fund  to  the  various  townships  and  school  districts,  ac- 
cording to  the  entire  number  of  children  of  school  age, 
and  shall  see  to  the  proper  disbursment  of  the  same; 
and  to  this  end,  he  shall  keep  an  accurate  account  with 
all  officers  who  may  be  custodians  or  disbursers  of  the 
school  fund,  or  any  part  thereof. 


6.  He  shall  prepare  all  formSj  and  have  printed  and 
distributed  all  such  blanks  as  may  be  necessary,  or  as 
may  be  required  by  law,  in  the  administration  of  the 
public  school  system. 

7.  He  shall  furnish  the  county  superintendents  and 
other  school  officers  all  necessary  books  for  keeping 
their  accounts  and  records,  to  be  and  remain  public 
property;  and  he  shall  prescribe  a  uniform  system  of 
keeping  such  accounts  and  records. 

8.  He  shall  take  receipts  for  all  such  books  so  fur- 
nished by  him  to  school  officers,  and  such  officers  shall 
take  good  care  thereof,  and  turn  them  over  to  their  suc- 
cessors in  office. 

9.  He  shall  keep  a  debtor  and  creditor  account  with 
each  township,  or  other  school  district,  in  the  State,  of 
all  funds  accruing  thereto  for  educational  purposes. 

10.  He  shall  keep  an  accurate  account  of  the  capital 
of  all  sixteenth-section  or  other  trust  funds,  to  which 
each  township  or  school  district  may  be  entitled,  show- 
ing whence  and  when  such  funds  were  derived. 

11.  He  shall  preserve  in  his  office  all  bonds  of 
school  officers  and  others  required  to  be  filled  therein. 

12.  He  shall  cause  suits  to  be  instituted  and  prose- 
cuted against  all  defaulters  to  the  educational  fnnd, 
and  for  this  purpose  may  employ  attorneys ;  but  he  shall 
not  have  power  to  contract  or  pay  such  attorneys  out  of 
the  educational  fund  more  than  ten  percentum  of  the 
amount  recovered  by  them  in  such  suits;  and  out  of 
such  funds  he  may  pay  such  lawful  costs  as  may  be  taxed 
against  him  as  superintendent  of  education  in  case  he 
is  cast  in  any  such  suit. 

13.  He  shall  require  and  supervise  the  collection  of 
all  poll-taxes. 

14.  He  shall,  by  correspondence,  exchange  of  offi- 
cial reports,  and  other  proper  means,  elicit  information 
relative  to  the  system  of  public  education  in  other  States 
and  countries,  and  disseminate  all  useful  knowledge  re- 
garding the  same  among  the  county  superintendents 
and  other  school  officers  in  the  State. 

15.  He  shall  collect  in  his  office  such  school-books, 
apparatus,   maps,   charts  and   specimens   of   improved 


8 

school  furniture  as  can  be  obtained  without  expense  to 
the  State. 

16.  He  shall  prepare  and  have  printed,  in  pamphlet 
form  hy  the  public  printer,  all  laws,  rules  and  regula- 
tions pertaining  to  the  public  school  system  of  the  State, 
including  therein  the  constitution  of  the  United  States, 
and  the  constitution  of  the  State  of  Alabama,  and  cause 
the  same  to  be  distributed  among  the  county  superin- 
tendents of  education,  and  other  officers  connected  with 
the  school  system,  for  the  information  of  those  inter- 
ested in  the  educational  interests  of  the  State. 

IT.  He  shall  hold  or  cause  to  be  held,  ^nthin  each 
congressional  district,  one  or  more  teachers'  institutes, 
to  be  conducted  by  a  teacher  experienced  in  and  famil- 
iar with  the  most  improved  methods  of  instruction,  for 
a  term  of  one  week  or  more  during  the  summer  months 
of  each  year;  and  for  such  purpose  may,  from  time  to 
time,  certify  to  the  auditor  the  amount,  not  exceeding 
five  hundred  dollars  in  any  one  year,  necessai*y  to  de- 
fray the  expenses  of  employing  teachers  to  conduct  such 
institutes  and  instruct  the  teachers  who  attend  them, 
and  upon  such  certificate  it  shall  be  the  duty  of  the  au- 
ditor to  draw  his  warrant  upon  the  treasurer  for  such 
sum  or  sums  in  favor  the  superintendent  of  education 
as  may  remain  unapportioned  in  the  treasury  at  the  time 
but  the  sum  so  expended  in  any  one  year  shall  not  ex- 
ceed the  amount  apportioned  and  paid  for  such  purposes 
by  the  trustees  of  the  Peabody  Educational  Fund  in  any 
one  year.  And  such  sums  must  be  disbursed  so  as  to 
secure  the  greatest  good  to  the  largest  number  of  teach- 
ers in  the  common  schools,  and  it  shall  be  the  duty  of 
the  superintendent  of  education  to  take  vouchers  there- 
for to  be  kept  on  file  in  his  office,  and  to  make  an  item- 
ized statement  in  his  biennial  report,  as  to  hoAV  and 
to  whom  said  money  has  been  disbursed. 

18.  He  shall  perform  such  other  duties  as  are,  or 
may  be,  prescribed  by  law. 

3547.  Reports  to  governor;  contents. — He  shall  also, 
biennially,  on  or  before  the  tenth  day  of  October,  re- 
port to  the  Governor  in  writing — 


1.  A  brief  history  of  his  labors. 

2.  An  abstract  of  the  reports  received  by  him  from 
the  county  superintendents  of  education,  exhibiting  the 
condition  of  the  public  schools. 

3.  Estimates  and  accounts  of  expenditures  of  school 
money. 

4.  An  itemized  statement  showing  hoAv  the  contin- 
gent fund  of  his  department,  and  all  other  special  funds 
or  appropriations  under  his  control  have  been  disposed 
of. 

5.  Such  recommendations  as  he  may  desire  to  make 
for  the  improvement  of  the  school  system,  and  the  care 
and  increase  of  the  educational  fund. 

6.  All  such  other  matters  relating  to  his  office  and 
to  public  schools,  as  he  shall  deem  expedient  to  com- 
municate. 

3548.  Report  to  he  printed  and  distributed.— The 
governor  shall,  when  such  report  is  laid  before  him,  di- 
rect the  superintendent  of  education  to  have  printed 
in  the  same  manner,  and  upon  the  same  conditions  as 
other  printing  is  done,  during  the  recess  of  the  general 
assembly,  a  sufficient  number  of  copies  of  the  report  to 
supply  the  county  supejintendents  and  township  trus- 
tees of  public  schools,  and  other  school  officers,  and  for 
the  usual  exchange  with  other  States,  and  with  the  lead- 
ing cities  of  the  United  States ;  and  it  shall  be  the  duty 
of  the  superintendent  of  education  to  distribute  the  same 
as  indicated  in  this  section. 

3549.  Vacancy  filled  by  governor;  term^  etc.,  of  ap- 
pointee.— If  the  office  of  superintendent  of  education 
should,  at  any  time,  become  vacant,  by  death,  resigna- 
tion, or  otherwise^  the  governor  shall  appoint  a  suit- 
able person  to  fill  such  office  for  the  unexpired  term; 
and  such  appointee  shall  give  bond  and  qualify  in  the 
same  manner  as  if  he  had  been  elected  for  a  full  term. 


10 
Article  IV. 

COUNTY    SUPERINTENDENTS. 

3550.  One  elected  for  each  county. — Unless  by  spe- 
cial (}ct  it  is  otherwise  provided,  a  county  superintend- 
ent for  each  county  is  elected  at  each  general  election, 
as  provided  in  this  Code. 

3551*.  Term  of  office;  removal, — The  term  of  office 
of  county  superintendents  who  are  elected  shall  com- 
nience  on  the  first  day  of  October  next  after  their  elec- 
tion, and  the  term  of  those  appointed  shall  commence 
on  the  first  day  of  October  of  each  odd  year;  and  in 
either  case,  shall  be  for  two  years  and  until  their  suc- 
cessors shall  qualify;  but  the  superintendent  of  educa- 
tion ma}^,  at  any  time,  for  good  cause  shown,  remove 
from  office  any  county  superintendent  of  education, 
whether  elected  or  appointed. 

3552.  Oath  of  office  and  bond. — Every  county  super- 
intendent of  education,  before  entering  upon  the  duties 
of  his  office,  must  take  the  oath  of  office  prescribed  by 
the  constitution,  and  give  bond  in  an  amount  to  be  fixed 
by  the  superintendent  of  education,  but  in  no  case  to  be 
less  than  double  the  probable  amount  of  money  that 
may  be  in  his  hands  at  any  one  time,  with  good  and 
sufficient  sureties,  and  payable  and  conditioned  as  offi- 
cial bonds  of  other  public  officers. 

3553.  Approval  and  record  of  bond. — Such  bond  must 
be  approved  by,  and,  with  the  oath  of  office,  must  be  filed 
and  recorded  in  the  office  of  the  judge  of  probate  of  the 
county;  and  a  certified  copy  of  the  bond  mw^t  also  be 
filed  in  the  office  of  the  superintendent  of  educat'on  for 
his  approval. 

[Failure  to  file  copy  with  superintendent  of  education 
no  defense  to  county  superintendent  of  his  sureties,  in 
an  ajction  for  his  default. — JReed  v.  Summers,  79  Ala. 
522.] 

*Term  four  years.  General  Acts  1903,  Sec.  27,  pa^ 
450. 


11 

3554.  ISfetv  or  additional  bond;  effect  of  notice  to 
give. — The  superintendent  of  education  shall  require  of 
any  county  superintendent  of  education  a  new  or  addi- 
tional bond,  in  the  same,  or  a  different  amount,  as  that 
of  the  original  bond,  whenever  he  shall  find  it  necessary 
for  the  protection  of  the  educational  fund  of  the  county ; 
and  no  county  superintendent  of  education,  after  receiv- 
ing notice  to  give  such  neAV  or  additional  bond,  shall 
continue  in  the  discharge  of  the  duties  of  his  office 
until  such  new  or  additional  bond  is  given. 

3555.  Compensation. — Each  county  superintendent 
of  education  shall  receive  for  his  services  four  per  cent- 
um on  the  amount  of  all  the  educational  fund  legally 
disbursed  by  him,  but  such  percentum  must  not  be  taken 
and  used  by  him  until  after  the  disbursements  have  been 
made,  and  the  credits  allowed  by  the  superintendent  of 
education. 

3556.  His  duties. — The  duties  of  each  county  super- 
intendent of  education  shall  be  as  follows: 

1.  He  shall  have  an  office  at  the  county  site  of  his 
county,  where  he  must,  on  the  first  Saturday  of  each 
month,  from  the  beginning  of  the  scholastic  year  until 
the  close  of  the  public  schools  for  that  year,  be  present 
to  transact  business  with  the  officers  and  teachers  of 
public  schools. 

2.  He  must  regeive  and  take  charge  of  any  money, 
funds,  property,  or  proceeds  of  any  character,  raised  in 
his  county  by  county  taxation,  or  which  may  accrue 
to  him  or  to  the  county  from  any  gift,  grant,  bequest, 
devise,  endowment,  or  otherwise,  to  be  issued  in  aid  of, 
or  in  connection  with  money  apportioned  to  his  county 
from  the  educational  fund,  and  shall  faithfully  keep  the 
same  separate  and  apart  from  any  other  funds  or  prop- 
erty whatsoever;  and  he  shall  apportion,  distribute  and 
pay  out  all  money  raised  in  accordance  with  this  sub- 
division ;  but  all  money,  raised  by  local  taxation  in  any 
school  district  or  incorporated  city  or  town,  shall  be 
expended  for  the  benefit  of  the  district,  city  or  town  in 
which  the  money  is  raised,  and  by  such  persons,  and  in 


12 

such  manner  as  are  authorized  by  the  laws  of  force  for 
the  control  and  government  of  public  schools  in  such 
district,  city  or  town. 

3.  He  shall  examine  into  the  condition  of  all  school 
funds  of  his  county,  including  the  sixteenth  section  fund 
and  sixteenth  section  lands  unsold  in  his  county;  and 
he  is  authorized  and  required  in  the  name  of  the  State 
for  the  use  of  the  township,  to  bring  all  necessary  suits 
for  the  recovery  of  the  possession  of  such  lands,  or 
against  trespassers  thereon. 

4.  He  shall,  as  soon  as  he  receives  the  annual  ap- 
portionment of  the  educational  fund  of  his  county,  fortli- 
^^'ith  notify  the  toAvnship  trustees  of  each  township  of 
the  amount  apportioned  to  each  township  or  separate 
school  district. 

5.  He  shall  enter  in  a  book  or  books,  kept  for  that 
purpose,  the  exact  amount  and  date  of  all  moneys  re- 
ceived and  paid  out  by  him  on  account  of  the  educa- 
tional fund  of  his  county,  showing  by  whom  or  to  whom 
paid,  and  for  what  purpose,  and  also  the  amount  of  the 
educational  fund  apportioned  to,  and  distributed  in 
each  township  for  each  race ;  and  such  books  shall  be 
open  to  the  inspection  of  all  persons  interested. 

6.  He  shall,  on  or  before  the  thirtieth  day  of  Sep- 
tember of  each  year,  forward  to  the  superintendent  of 
education,  on  blanks  to  be  furnished  him  by  the  latter, 
an  annual  report  of  the  public  schools  of  his  county  for 
the  preceding  year,  Avhich  shall  set  f ovth  ( 1 )  the  amount 
of  school  money  received  by  him  from  all  sources  to  the 
end  of  the  year,  specifying  how  much  was  received  from 
each  source;  (2)  how  much  has  been  disbursed  by  him 
during  such  year,  for  what  purpose,  and  the  names  of 
teachers  to  w^hom  money  has  been  paid,  the  time  they 
taught,  and  the  total  amount  paid  to  each  teacher;  (3) 
the  amount  of  funds  then  in  hand  for  each  tow^nship  or 
school  district  in  this  county;  and  (4)  the  manner  in 
which,  and  the  extent  to  which  he  has  discharged  the 
duties  required  by  law  to  be  performed  by  him. 

7.  He  shall  remove  from  office  any  township  trustee 
w^hen  the  interest  of  public  education  demands  such  re- 


13 

iiioval,  and  he  shall  fill  all  vacancies  occasioned  by  re- 
moval from  office  or  other \vi:^e. 

8.  He  must  quarterly,  on  the  first  Saturdays  in  Janu- 
ary, April,  July  and  Octobir,  of  each  yenr,  or  as  soon 
thereafter  as  practicaible,  pay  the  teachers  of  the  public 
schools,  upon  the  certificate  of  the  trustees  of  the  town- 
ship in  which  the  school  was  taught ;  a,nd  in  counties  in 
which  separate  districts  have  been  established  by  spe- 
cial laws,  he  shall  pay  over  to  the  officers,  authorized  to 
receive  the  same  their  proportionate  shares  of  the  school 
revenues  at  the  time  above  designated.  ( See  page  96  of 
this  pamphlet. ) 

3557.  Forfeiture  for  failure  to  make  annual  reports. 
If  any  county  superintendent  shall  wilfully  fail  to  make 
out  and  forward  to  the  superintendent  of  education  any 
annual  report  required  by  this  article,  within  ten  days 
after  the  time  it  should  be  made,  he  shall  be  liable  to  a 
forfeiture  of  his  commissions,  to  be  declared  by  the  sup- 
erintendent of  education  and  to  removel  from  office  by 
the  superintendent  of  education. 

3558.  Books  and  accounts  liable  to  examination. — 
The  books,  accounts  and  vouchers  of  the  county  super- 
intendent of  education  may  be  examined  at  any  time  by 
the  superintendent  of  education  in  person  or  by  duly  au- 
thorized agent. 

3559.  Vacancies^  how  filled;  term^  etc.^  of  appoint- 
tees. — The  superintendent  of  education  shall  fill  all  va- 
cancies in  the  office  of  county  superintendent  of  educa- 
tion, by  appointment;  and  such  appointee  shall  hold 
during  the  unexpired  term,  and  until  his  successor  quali- 
fies, and  shall  give  bond  and  qualify  as  is  required  of  an 
appointee  for  a  full  term. 


14 

Article  V. 

TOWNSHIP  TRUSTEES. 

(See  Eestricting  Law,  p.  83,  beginning  at  §  6,  this 
phamphlet. ) 

3560.  Toicnship  trustees  appointed;  term  of  office. — 
Three  townsliip  trustees  for  each  township,  or  other 
school  district  in  each  county,  who  shall  be  freeholders 
and  householders  resident  in  such  township  or  school 
district,  shall  be  appointed  by  the  county  superintend- 
ent of  education ;  and  the  term  of  office  of  all  township 
trustees  shall  commence  on  the  first  day  of  October  of 
each  old  year,  and  continue  two  years  and  until  their 
successors  shall  qualify. 

3561.  Establishment  and  supervision  of  schools. — 
The  township  trustees  shall  have  the  immediate  super- 
vision of  the  public  schools  in  their  township  or  school 
district,  and  shall  have  power  to  establish,  subject  to  the 
approval  of  the  county  superintendent  of  education  one 
or  more  schools  for  either  race  in  such  township  or 
school  district,  as  the  public  necessity  may  require. 

3562.  Meetings  icith  parents  and  guardiams;  busi- 
ness transacted. — The  trustees  in  each  township  shall 
annually,  on  the  last  Monday  in  October,  or  within 
seven  days  thereafter,  call  a  meeting  of  the  parents  and 
guardians  of  the  children  of  their  township  within  the 
educational  age,  and  at  such  meeting  they  shall,  in  con- 
sultation with  such  parents  and  guardians,  and  with  a 
view  to  subserve  their  wishes,  interests  and  convenience, 
transact  the  following  business : 

1.  They  shall  determine  the  number  of  schools  which 
shall  be  established  in  their  township  for  the  current 
scholastic  year,  and  shall  designate  the  same  by  num- 
ber. 

2.  They  shall  fix  the  location  of  each  school,  the  time 
►f  its  opening,  and  the  length  of  the  session,  which 
5hall  not  be,  except  as  hereinafter  provided,  less  than 

'twelve  weeks. 


15 

3.  They  shall,  when  they  establish  the  schools  in 
their  township,  apportion  to  each  school  so  established 
such  an  amount  of  the  public  school  revenue  apportion- 
ed to  the  township  for  the  current  scholastic  year  as 
they  may  deem  just  and  equitable  for  the  equal  benefit 
of  the  children  thereof  of  school  age. 

4.  They  shall  determine  the  number  and  what  chil- 
dren shall  be  transferred  from  their  districts  to  the 
schools  of  other  districts,  and  to  what  districts,  transfer- 
red, during  the  scholastic  year,  and  shall  set  apart  such 
an  amount  of  the  money  apportioned  to  their  district 
to  pay  for  such  transferred  children  as  they  may  deem 
just  and  equitable;  and  if  it  should  be  deemed  imprac- 
ticable to  establish  in  any  district  a  public  school  for 
the  children  of  either  race,  on  account  of  the  want  of  a 
sufficient  number  of  such  race  living  within  a  reason- 
able distance,  they  shall  determine  whether  any  of  such 
children  can  be  transferred  conveniently  to  a  public 
school  in  another  district,  and  those  that  cannot  be  so 
transferred,  and  that  have  actually  attended  some  school 
in  this  State  for  the  time  during  which  the  public 
schools  were  kept  open  for  the  current  scholastic  year, 
shall  be  entitled  to  the  benefits  of  the  amounts  appor- 
tioned to  their  district;  and  they  shall  determine  the 
amount  to  which  each  of  such  children  shall  be  entitled, 
and  the  same  shall  be  paid  by  the  county  superintendent 
of  education  to  the  parent  or  guardian  of  such  child, 
for  which  a  receipt  shall  be  taken  as  in  case  of  payments 
to  teachers. 

5.  In  those  townships  in  which  less  than  the  requi- 
site number  of  children  of  school  age  reside,  it  shall 
be  the  duty  of  the  township  trustees  to  arrange  for  the 
teaching  of  such  children  in  such  manner  as  they  may 
deem  proper  and  just,  subject  to  the  approval  of  the 
county  superintendent  of  education,  and  to  pay  for  the 
tuition  of  such  children  in  the  manner  prescribed  by  law 
out  of  the  school  funds  apportioned  to  such  township. 

6.  Such  other  business  as  may  be  necessary  to  carry 
out  the  provisions  of  the  law. 

3563.  Report  after  meeting. — They  shall,  within  ten 
days  after  such  meeting,  report  to  the  county  superin- 


16 

tendent  of  education  the  number  and  location  of  the 
schools,  the  names  of  the  teachers  employed,  and  the 
amount  of  money  api)ortioned  to  each  school. 

3564.  Notice  and  duration  of  meeting;  effect  of  fail- 
ure to  attend.- — Such  meeting  shall  be  called  by  posting 
ten  days  previousy  thereto,  written  notices  of  the  time 
and  place  of  meeting,  and  of  the  business  to  be  trans- 
acted thereat,  in  not  less  tlian  three  public  places  in  the 
district;  and  the  toAvnship  trustees  shall  have  power  to 
continue  the  meeting  from  day  to  day  until  all  the 
business  has  been  transacted,  and  they  may  adjourn  the 
same  to  a  future  day,  not  exceeding  one  week;  and  if 
(he  parents  and  guara'ans  fail  to  attend  such  meeting, 
the  township  trustees  shall,  in  their  absence,  proceed  to 
perform  the  duties  required  of  them. 

3565.  Appeal  to  county  superintendent. — An  appeal 
may  be  taken  from  the  decision  and  action  of  the  town- 
ship trustees  had  and  done  at  such  meeting,  to  the 
county  superintendent  of  education,  who  shall  notify 
the  township  trustees  of  the  appeal,  and  shall  appoint 
a  day  on  which  to  hear  and  determine  the  same,  and 
whose  decision  shall  be  final. 

3566.  When  hut  one  school  in  toumship,  hotv  located; 
cha/nge  of  location. — When  but  one  school  is  established 
in  a  township  it  shall  be  so  located  as  to  accommodate 
the  largest  number  of  pupils,  and  to  encourage  the 
building  of  a  permanent  school  house  as  near  the  center 
of  the  township  as  possible,  whenever  it  can  be  done 
without  material  injury  or  inconvenience  to  the  children 
within  the  educational  age;  but  such  location  may  be 
changed  by  the  township  trustees  from  year  to  year, 
in  order  to  provide  for  those  who  were  not  in  reach  of 
the  school  in  previous  years;  and  in  the  location  of  pub- 
lic schools,  township  trustees  must  have  reference  to  the 
population  audi  neighborhood,  paying  due  regard  to  any 
school  house  already  built,  or  site  procured,  as  well  as 
to  all  other  circumstances  proper  to  be  considered,  so 
as  to  promote  the  interest  of  free  public  education. 


17 

3567.  To  what  regard  must  he  had  in  locating  schools 
and  employing  teachers. — In  locating  public  schools, 
and  employing  teachers,  township  trustees  shall  have 
due  regard  to  such  communities  as  will  supplement  the 
district  fund,  and  to  such  teachers  as  will  procure  and 
teach  the  greatest  number  of  pupils  within  the  educa- 
tional age;  the  object  of  this  section  being  to  encourage 
the  building  up  and  maintaining  ot  large  schools,  which 
shall  continue  the  longest  term  practicable;  but  in  no 
case  shall  such  communities  and  citizens,  as  are  unable 
and  unwilling  to  supplement  the  district  fund,  be  de- 
prived of  the  benefit  of  the  public  schools. 

3568.  Employing  teachers,  and  opening  schools. — 
The  township  trustees  shall  in  no  case  contract  with 
teachers,  or  open  schools  until  they  have  definitely  de- 
termined the  number  and  location  of  schools  in  their 
district,  and  the  amount  of  money  each  school  shall  re- 
ceive from  the  amount  apportioned  to  the  district,  nor 
shall  they  contract  for  a  school  of  less  than  three  schol- 
astic months,  nor  less  than  ten  pupils  of  school  age, 
if  there  are  more  than  that  number  of  each  race  withio 
such  age,  nor  more  than  fifty  pupils  to  each  teacher. 
( Amended  1901.    See  act  below. ) 

3569.  Execution  of  contracts  with  teachers,  contract 
for  transferred  pupils.-^A\\  contracts  with  teachers 
shall  be  in  writing,  and  shall  specify  the  amount  to  be 
paid  per  month  from  the  district  fund,  and  shall  be  exe- 
cuted in  duplicate,  one  of  which  shall  be  filed  with  the 
county  superintendent  of  education  for  his  approval 
within  ten  days  after  it  has  been  signed;  and  no  such 
contract  shall  be  valid  without  his  approval;  and  the 
township  trustees  shall  also,  in  like  manner,  contract 
with  teachers  for  transferred  pupils. 

3570.  Yisits  to  schools.  — The  township  trustees  shall 
visit  the  schools  in  their  district  at  least  once  during 
each  scholastic  year. 


18 

3571.  Removal  of  teachers;  payment  of  time. — The 
township  trustees  may,  for  any  cause  sufficient  in  tlieir 
judgment,  terminate  the  contract  of,  and  remove  any 
teacher;  but  such  teacher  shall  be  allowed  pay  for  the 
time  he  taught  according  to  the  terms  of  his  contract. 

3572.  Register  of  daily  attendance. — The  township 
trustees  shall  require  the  teachers  of  public  schools  to 
keep  a  register  of  the  daily  attendance  of  the  pupils  in 
the  schools  taught  by  them,  and  to  submit  such  regis- 
ter to  them  for  their  inspection. 

3573.  Enumeration  of  children.— Tho:  township  trus- 
tees must,  during  the  month  of  July,  of  each  odd  year, 
make  an  enumeration  of  all  the  children,  white  and 
black,  male,  and  female,  within  the  educational  age,  in 
their  township  or  district,  and  report  the  same  in  dupli- 
cate to  the  county  superintendent  of  education  by  the 
first  day  of  August  following;  and  the  county  superin- 
tendent of  education  shall  make  to  the  superintendent 
of  education  a  written  report  of  the  several  enumera- 
tions made  to  him  by  the  township  trustees  by  the 
fifteenth  day  of  August  of  such  year. 

3574.  'Neic  enumeration  in  certain  cases. — If  the 
township  trustees  in  any  county  or  township  should  fail 
in  any  year  to  make  the  enumeration  provided  for  in 
the  preceding  section,  or  if  the  superintendent  of  educa- 
tion of  the  State  should  have  reason  to  believe  that 
the  enumeration  made  and  returned  to  his  office  is 
fraudulent  or  greatly  erroneous  in  any  county  or  town- 
ship, and  shall  determine  that  it  is  for  the  best  interest 
for  the  public  school  system  that  another  enumeration 
be  made  in  any  county  or  township,  he  shall  have  power 
to  procure  the  making  of  a  new  enumeration  of  the  chil- 
dren of  school  age  in  any  county  or  township,  and  shall 
pay  the  expense  of  making  the  same  out  of  the  fund  first 
available  and  apportioned  to  the  county  or  township  in 
which  such  new  enumeration  is  made,  as  the  case  may  be. 

3575.  Exemption  from  road  and  jury  duty  and  poll- 
taw. — Township  trustees  are  exempted  from  ro?ia  duty, 


19 

jury  duty  and  poll  tax,  so  long  as  they  shall  continue  in 
office  and  perform  the  duties  thereof;  and  the  certificate 
of  the  county  superintendent  of  education  shall  be  evi- 
dence of  the  fact. 


Article  VI. 

TEACHERS. 

3578.  Instruction  as  to  the  nature  of  alcoholic  drinks 
and  narcotics. — Every  teacher  shall  give  instiaiction  as 
to  the  nature  of  alcoholic  drinks  and  narcotics  and  tlieir 
effect  upon  the  human  system,  and  such  object  shall 
be  taught  as  regularly  as  any  other  in  the  public  schools, 
and  in  every  grade  thereof. 

3579.  HoiA)  long  certificates  are  valid. — A  third-grade 
certificate  shall  be  valid  for  two  years;  a  secni id-grade 
certificate  for  four  years,  and  a  first-grade  certihcaie  for 
six  years,  in  any  county  in  the  State.     (As  amended.) 

3580.  Register  kept  hy  teachers  and  su^hmitted. — Ev- 
ery teacher  of  a  public  school  must  keep  a  register  of  the 
actual  daily  attendance  of  the  pupils  in  his  school,  and 
must  submit  such  register  to  the  township  trustees  for 
their  inspection. 

3581.  Quarterly  report;  not  entitled  to  compensation 
until  forwarded. — Every  teacher  of  a  public  school  jiiust, 
within  five  days  after  the  end  of  each  scholastic  quarter, 
forward  to  the  county  superintendent  of  ediicjUion,  a 
complete  report,  setting  forth  the  enrollment,  attend- 
ance, number  of  transferred  pupils,  and  from  what 
township  transferred,  the  branches  taught,  and  the  num- 
ber of  pupils  in  each,  distinguishing  between  male  and 
female,  and  stating  whether  a  white  or  colored  school; 
also  the  monthly  pay  from  school  revenue  from  the 
township  in  which  the  school  is  located,  and  from  trans- 
ferred pupils,  stating   the   township   and    range   from 


20 

which  they  are  transferred;  also  the  number  of  days 
i^aught,  the  amount  due  for  services  from  school  reve- 
nues of  the  township,  the  number  of  visits  by  township 
rustees,  and  the  name  and  postoffice  of  the  teacher ;  and 
such  report  must  be  sworn  to  by  the  teacher  before  some 
>ne  of  the  township  trustees,  and  approved  by  them; 
md  no  teacher  can  draw  any  pay  for  services  rendered 
)y  him  until  he  has  forwarded  his  report  in  accordance 
/ith'  the  requirements  of  this  section. 

3582.  To  he  paid  quarterly. — The  teachers  of  public 
chools  shall  be  paid  quarterly,  on  the  first  Saturdays 
■n  January,  April,  July  and  October,  or  as  soon  there- 
after as  practicable. 

( See  amended  Act,  p.  96  this  pamphlet. ) 

[Schoolmaster  stands  in  local  parentis  and  may,  in  a 
proper  case,  inflict  corporal  punishment;  but  is  crim- 
nally  liable  for  an  abuse  of  his  authority. — Boyd  v. 

Jtate,  88  Alabama  169;  McCormack  v.  State,  102  Ala- 

'.ama  156.1 


Article  VII. 

BOARDS  OF  education;  TEACHERS^  INSTITUTES. 

( See  Kedistricting  Act,  Sec.  10,  page  84,  this  pamphlet. ) 

3583.  Board  of  education;  how  constituted;  vacan- 
cies.— There  shall  be  established  in  each  county  of  the 
Uate  a  board  of  education  composed  of  the  county  sup- 
rintendent  of  education,  who  shall  be  the  president 
hereof,  and  of  two  teachers,  either  in  private  or  public 
chools  of  the  county,  who  shall  be  appointed  by  such 
uperitendent  at  the  beginning  of  each  scholastic  year, 
T  as  soon  thereafter  as  practicable,  and  who  shall  hold 
'  ffice  during  the  present  scholastic  year,  and  one  of 
rhom  shall  be  appointed  secretary;  and  a  majority  of 
lie  board  shall  be  necessary  for  the  transaction  of  any 
usiness.  The  county  superintendent  of  education  shall 
ave  power  to  fill  all  vacancies  that  may  occur  in  such 
oard. 


21 

3584.  Meetings  of  hoard. — Such  board  shall  meet 
quarterly  at  such  times  and  places  as  they  may  desig- 
nate; but  may  meet  oftener  when  deemed  advisable  by 
them. 

3588.  Cause  for  cancellation  of  license. — Whenever 
it  shall  appear  to  the  superintendent  of  education  that 
any  teacher  to  whom  a  license  has  been  issued  has  been 
guilty  of  intemperance,  or  of  unworthy  or  disgraceful 
conduct,  his  license  shall  be  cancelled,  and  his  name 
stricken  from  the  registered  list  of  teachers.  (Amended.) 

3590.  Teachers^  institutes  to  he  organized. — It  shall 
be  the  duty  of  the  board  of  education  in  each  county  to 
organize  and  maintain  therein  teachers'  institutes,  one 
for  teachers  who  are  white  persons,  and  one  for  teachers 
AA'ho  are  colored  persons,  to  be  held  at  such  times  and 
places  as  the  board  may  prescribe,  but  there  shall  nor 
be  less  than  ten  licensed  teachers  in  the  county  of  the 
race  for  whom  such  institutes  shall  be  organized. 

3591.  Officers  and  memhers  of  institutes;  no  fee  im- 
posed tcithout  consent. — The  county  superintendent  of 
education  shall  be  president  of  such  institutes,  and  the 
members  of  the  board  of  education  shall  be  the  vice- 
presidents  thereof,  one  of  whom  shall  preside  over  its 
meetings  in  the  absence  of  the  president;  the  other  offi- 
cers thereof  may  be  elected.  Every  teacher  of  the  couu  ty 
holding  a  license  shall  be  a  member  of  the  institutes  or- 
ganized for  his  race.  But  no  fee  or  assessment  shall  be 
imposed  on  a  member  without  his  consent. 

3592.  Meetings  of  institutes. — There  shall  not  be  less 
than  three  meetings  in  each  year  of  such  institutes,  one 
of  which  shall  be  held  in  the  month  of  September,  and 
at  this  meeting  an  address  to  the  teachers  shall  be  made 
by  some  person  selected  by  the  educational  board  ;  and 
teachers  holding  licenses  shall  attend  at  least  one  of 
such  meetings. 

3593.  Business  of  institutes. — The  meetings  of  the 
institutes  shall  be  devoted  mainly  to  discussions  and  in- 


\ 


A^ 


22 

structions  in  regard  to  the  methods  of  teachini^  aud 
disciplining  schools,  and  to  the  text-books  used,  and 
other  matters  connected  with  the  schools  and  school 
laws. 


Article  VIII. 
districts;  schools;  scholastic  periods. 

3594.  School  districts;  establishment  and  superci- 
sion;  capacity  to  hold  property. — Every  township,  and 
fraction  of  a  township,  which  is  divided  by  c'l  i>tijte  or 
county  line,  or  any  river,  creek,  mountain,  or  other 
barrier  rendering  intercourse  between  the  dilfferent  por- 
tions of  the  township  difficult,  and  every  incorporated 
city  or  town  having  three  thousand  inhabitants,  or  more, 
shall  constitute  a  separate  school  district;  and  each  of 
them  shall  be  under  a  township  superintendent  as  to 
all  matters  connected  with  public  schools.  Each  town- 
ship or  other  school  district,  in  its  corporate  capacity, 
may  hold  real  and  personal  property;  and  the  business 
of  such  corporations,  in  relation  to  public  schools  and 
school  lands,  shall  be  managed  by  the  township  or  dis- 
trict trustees.     (See  Acts  of  Legislature,  1903.) 

3595.  Pupils  entitled  to^  vnstruction  in  public  schools. 
Every  minor  over  the  age  of  seven  years  shall  be  en- 
titled to  admission  into,  and  instruction  in  any  public 
school  of  his  or  her  own  race  or  color  in  this  State. 

3596.  Child  may  not  attend  more  than  one  school. 
No  child  who  has  attended  a  public  school  the  number 
of  days  to  which  it  is  entitled  as  a  pupil  in  that  school 
shall  attend  another  during  the  same  scholastic  year,  un- 
less by  consent  of  a  majority  of  the  trustees  of  the  town- 
ship in  which  such  other  is  situated. 

3597.  When  non-residents  entitled  to  school  privi- 
leges.— Any  parent  or  guardian  residing  in  the  Stale 
who  shall  pay  a  local  or  special  school  tax  on  real  estate 


23 

\  allied  at  five  hundred  dollars  or  more,  in  any  city,  town" 
ship  or  separate  school  district,  shall  be  entitled  to  the 
privilges  and  benefits  of  the  public  schools  in  such  city, 
township  or  separate  school  district,  for  their  children, 
the  same  as  parents  and  guardians  resident  therein. 

3598.  Scholastic  periods. — The  scholastic  year  shall 
begin  on  the  first  day  of  October  of  each  year,  and  end 
on  the  thirtieth  day  of  September  of  the  following  year ; 
tAA  eiity  days  shall  constitute  a  school  month,  and  a 
school  day  shall  not  be  less  than  six  hours. 

3599.  Public  examinations y  and  certificates  of  pupils. 
Public  examinations  must  be  held  in  the  public  schools 
at  least  once  in  every  year;  and  when  the  board  of  edu- 
cation shall  be  satisfied  that  any  pupil  has  become  thor- 
oughly educated  in  all  the  branches  of  free  instruction 
in  any  one  of  such  schools,  they  shall  give  to  him  or  her 
a  certificate  to  that  effect. 

3600.  Separate  schools  for  the  two  races. — In  no  case 
shall  it  be  lawful  to  unite  in  one  school  children  of  the . 
white  and  colored  races.  i 


Article  IX. 

APPORTIONMENT  OF   SCHOOL  FUND;  DISBURSEMENT. 

3601.  Auditor  certifies  amount  of  educational  fund; 
superintendent  apportions. — On  the  first  day  of  October 
of  each  year,  or  as  soon  thereafter  as  practicable,  the 
auditor  shall  certify  to  the  superintendent  of  education 
the  amount  of  money  which  has  accrued  and  been  placed 
by  him  to  the  credit  of  the  educational  fund  for  the  scho- 
lastic year  commencing  on  that  day,  stating  specifically 
the  amount  derived  from  each  source,  and  any  unex- 
pended balance  there  may  be  from  the  appropriation  of 
the  previous  year  to  be  carried  forward,  and  the  amount 
so  certified  shall  be  apportioned  by  the  superintendent 


24 

of  education,  and  be  drawn  and  disbursed  as  provided 
by  law. 

3602.  Contingent  expenses  and  amount  for  normal 
schools  set  apart;  residue  apportioned. — As  soon  as  sucli 
certificate  is  received  by  the  superintendent  of  educa- 
tion, he  shall  set  apart  out  of  the  general  fund  a  sufficient 
amount  to  pay  such  expenses  of  the  department  of  edu- 
cation as  are  by  law  payable  out  of  such  fund,  and  the 
amount  necessary  to  cover  the  expenses  of  normal 
schools;  and  he  shall  then  apportion  all  the  balance  of 
such  fund  as  nearly  as  practicable,  among  the  several 
townships  and  school  districts  in  the  State,  as  herein- 
after provided. 

3603.  Amounts  apportioned  certified  to  auditor;  no 
warrants  drawn  in  excess;  balance  unapportioned  cer- 
tified to  treasurer. — As  soon  as  such  amounts  have  been 
set  apart,  and  such  apportionment  has  been  made,  the 
superintendent  of  education  shall  certify  to  the  auditor 
the  amount  set  apart  for  each  particular  purpose  or  ap- 
propriation, and  the  total  amount  of  the  apportionment 
to  the  several  school  districts  in  each  county,  and  the 
auditor  shall  see  that  no  warrants  are  drawn  against 
the  educational  fund,  for  any  purpose,  for  any  amount 
in  excess  of  the  amounts  so  certified  as  set  apart  and 
apportioned;  and  he  shall  certify  to  the  treasurer  the 
amount  of  the  school  revenue,  exclusive  of  poll  tax,  un- 
apportioned by  the  superintendent  of  education ;  and  the 
treasurer  shall  set  apart  the  amount  out  of  any  money  re- 
ceived from  the  taxes  of  the  current  year,  and  he  shall 
keep  the  same  separate  and  apart  from  all  tl^e  other  reve- 
nues, and  shall  not  pay  out  any  of  such  money  except 
upon  warrants  for  school  purposes. 

3604.  Interest  on  sixteenth  section  or  other  trust 
fund  first  set  apart;  effect  of  apportionment. — In  mak- 
ing the  apportionment  of  school  money  to  the  several 
districts,  the  superintendent  of  education  shall  first  set 
apart  to  each  township,  or  other  school  district,  the 
amount  due  from  the  State    thereto    as    interest    on 


25 

its  sixteenth  section  fund  or  other  trust  fund  held  by  the 
State;  and  all  townships  or  other  school  districts,  having 
an  income  from  such  source,  or  from  the  lease  or  sale  of 
sixteenth  section  lands^  shall  not  receive  anything  out 
of  the  balance  of  the  educational  fund  to  be  apportioned^ 
until  all  other  townships  or  school  districts,  having  no 
trust  fund,  shall  have  received  from  the  general  fund 
such  amount  as  will  give  them  an  equal  per  capita  ap- 
portionment with  the  townships  or  districts  having 
such  income. 

3605.  Apportioninent;  basis  of^  and  Jiow  made. — 
The  superintendent  of  education  shall  apportion  the  ed- 
ucational fund  to  the  respective  townships  or  school  dis- 
tricas,  subject  to  the  provisions  of  the  preceding  section, 
according  to  the  latest  official  returns  of  the  enumera- 
tion of  school  population  of  the  townships  of  other  dis- 
tricts, which  hnve  been  made  to  his  office,  and  accord-l 
iug  to  tlie  entire  number  of  children  of  school  age  inj 
each  township  or  school  district,  but  when  the  townshij) 
Trustees  of  an}^  township  or  district  have  failed  to  make 
and  return  the  census  enumeration  of  their  tOAvnship  or 
district  as  reciuired  by  law,  and  A^hen  the  superintendent 
of  education  has  not  caused  a  new^  enumeration  to  b<3 
made,  the  superintendent  of  education  shall  make  the 
apportionment  to  such  toAvnship  or  district,  according 
to  the  best  information  he  can  obtain  as  to  the  school 
]>opulation  of  such  toAvnship  or  district;  but  in  no  event 
shall  he,  in  case  of  such  failure,  estimate  the  school  pop- 
ulation of  any  such  district  or  township  at  more  than 
the  number  shown  by  the  last  official  report  to  his  office. 

3606.  A  pporfinnmevt  reem^ded,  and  certified  to 
conntij  superintendents;  ivhen  contracts  for  schools  in- 
valid.— As.  soon  as  such  apportionment  is  completed, 
the  superintendent  of  education  shall  have  the  same  re- 
corded in  his  office,  in  books  kept  for  that  purpose,  show- 
ing the  amount  which  has  been  apportioned  to  each 
school  district,  and  the  source  or  sources  from  which 
the  same  was  derived,  the  amount  to  each  district,  and 
the  number  of  children  in  the  district  upon  which  the 


26 

apportionment  was  based;  and  he  shall  then  furnish  to 
each  county  superintendent  of  education  a  eertitied  copy 
from  such  books,  showing  the  dividends  of  the  educa- 
tional fund  to  each  township  or  district  under  the  lat- 
ter's  supervision;  and  the  amount  so  divided  and  certi- 
fied shall  be  the  total  amount  which  each  of  such  school 
district  shall  be  entitled  to  receive  from  the  State,  ex- 
cept the  poll  tax,  during  the  current  scholastic  year; 
and  no  contract  to  pay  for  any  school  or  schools  for 
any  district,  more  than  the  amount  thus  apportioned  to 
it,  together  with  such  poll  tax  as  it  may  receive,  and  such 
funds  as  may  be  in  hand  from  any  previous  year,  shall 
be  valid  against  the  State  or  township. 

3607.  Poll  tax  received  hy  each  county. — Each  coun- 
ty shall  receive  as  school  money  all  the  poll  tax  collected 
therein ;  and  the  same  shall  be  its  full  distributive  share 
of  the  aggregate  poll  tax  collected  in  the  State. 

3608.  Each  township  and  race  entitled  to  its  poll-tax. 
Each  township  or  other  school  district  is  entitled  to  re- 
ceive, for  tlie  support  of  thie  public  schools  therein,  all 
the  poll-tax  raised  in  and  for  such  toAvnship  or  district ; 
and  the  county  superintendent  of  education  of  each 
county  and  township  trustees  of  each  township  shall 
see  that  the  amount  of  poll-tax  paid  by  white  persons 
shall  be  applied  exclusively  to  the  maintenance  of  schools 
for  white  pupils,  and  that  paid  by  colored  persons  exclu- 
sively for  the  maintenance  of  schools  for  colored  pu- 
pils. 

3609.  Amount  due  each  county  apportioned  and  cer- 
tified to  auditor. — The  superintendent  of  education  shall 
by  the  tenth  day  of  October  in  each  year,  or  as  soon 
thereafter  as  practicable,  apportion  to  every  county  the 
amount  of  school  money  such  county  will  be  entitled  to 
receive  for  the  scholastic  year  from  all  sources  except 
such  special  tax,  if  any,  levied  for  school  purposes  in 
any  county ;  and  he  shall  certify  the  same  to  the  auditor. 

3610.  County  superintendents  shall  make  pay-rolls. 
On  the  fifteenth  days-  of  March,  June,  September  and 


27  I 

December  of  each  year,  the  county  superintendents  of 
education  shall  make  in  duplicate,  for  each  race  sepa- 
rately,, a  pay  roll,  showing  the  names  of  all  teachers 
engaged  in  teaching  public  schools  in  their  counties,  with 
their  postoffice  address,  and  the  estimated  amount  that 
will  be  due  to  each  teacher  at  the  end  of  the  current  quar- 
ter from  the  funds  of  each  township  and  range  in  its 
regular  numerical  order;  and  shall  append  thereto  an 
affidavit  that  the  same  is  correct.  One  of  such  dupli- 
cate pay-rolls  shall  be  retained  by  the  county  superin- 
tendent, and  the  other  he  shall  forthwith  forward  to  the 
superintendent  of  education,  who  shall  examine  the 
same,  and  if  found  correct,  it  shall  be  approved  by  him 
and  filed  with  the  auditor.     ( See  page  96  this  pamphlet. ) 

3611.  Auditor  shall  draw  tvarrani  in  favor  of  countif 
su2)eriiitendent.—The  auditor  shall,  immediately  upon 
the  receipt  of  such  pay-roll,  draw  a  warrant  oii  the 
State  treasurer  in.  favor  of  the  county  superintendent  of 
each  county  for  a  sum  which  will  be  equivalent  to  the 
amount  estimated  to  be  due  on  said  pay-roll,  and  four 
per  centum  thereon,  and  shall  file  said  warrant,  together 
with  the  pay-roll  upon  which  it  is  based,  with  the  treas- 
urer, whereupon  it  sliall  be  the  duty  of  the  treasurer  to 
forward  by  express  or  exchange,  at  the  expense  of  the 
State,  the  amount  of  such  warrant,  and  the  pay-roll  and 
duplicate  receipts  for  said  sum,  including  the  express 
charge  or  exchange  premium,  if  any.  The  county  super- 
intendent of  education  must  immediately  upon  receipt 
of  said  sum,  sign  the  duplicate  receipt  and  return  one 
to  the  treasurer,  Avho  shall  attach  it  to  the  appropriate 
warrant,  and  the  other  shall  be  returned  to  the  au- 
ditor. 

3612.  Teachers  paid  and  receipts  taken. — Immedi- 
ately upon  the  receipt  of  the  county  superintendent  of 
tlie  amount  of  tl)e  quarterly  or  monthly  pay-roll,  he  shall 
]>ay  the  teachers,  taking  their  receipt  therefor  on  both 
copies  of  said  pay-roll,  arid  must  by  the  fifteenth  day  of 
January,  April,  JuJy  and  October,  return  one  copy 
of  such  receipted  pay-roll  to  the  superintendent  of  edu- 
cation. 


28 

3613.  Auditor  must  prepare  hlanks. — The  auditor 
must  prepare  the  necessarv^  blank  pay-rolls,  receipts  and 
warrants  to  be  used  in  carrying  out  the  provisions  of 
1  his  article. 

3614.  Where  teachers  are  paid  monthly. — In  those 
counties  and  separate  school  districts  where  teachers  are 
required  by  law  to  be  paid  monthly,  ii  shall  be  the  duty 
of  the  county  superintendent,  or  the  superintendent  of 
the  separate  school  district,  as  the  case  may  ])e,  to*  make 
out  and  forward  to  the  superintendent  of  education  on 
the  twentieth  day  of  every  month,  a  pay-roll  as  provided 
in  this  article,  and  the  superintendent  of  education,  the 
auditor  and  the  treasurer  shall  each,  severally,  perform 
all  the  acts  and  duties  required  of  them  in  this  article  as 
in  other  cases. 

3615.  Balance  in  hands  of  county  superintendent 
charged  to  him. — Upon  the  return  of  the  receipted  pay- 
roll to  the  superintendent  of  education,  if  it  should  ap- 
pear that  there  is  a  balance  in  the  hands  of  the  county 
superintendent,  the  amount  of  such  balance  shall  be 
charged  to  him  and  shall  be  deducted  from  the  amount 
of  the  next  quarterly  or  monthly  pay-roll. 

3616.  County  super'niteudcut  failinri  must  he  re- 
moved.— Any  county  superintendent,  or  superintendent 
of  any  separate  school  district,  who  fails  to  make  and 
return  any  pay-roll  required  by  this  article,  or  who  fails 
to  sign  and  return  the  receipts  herein  provided  for,  or 
who  fails  to  pay  the  teachers  within  fifteen  days  after 
the  receipt  by  him  of  the  money,  or  who  fails  to  return 
the  receipted  pay-roll,  mu«t  be  removed  from  office  by 
tlie  superintendent  of  education. 

3617.  Apportionment  and  expenditure  of  local  school 
money. — All  local  school  funds,  raised  for  the  support  of 
public  schools,  by  taxation  or  otherwise,  shall  be  appor- 
tioned and  expended  in  the  district  or  districts  in  and  for 
which  the  same  were  raised,  under  such  rules  and  regu- 
lations as  the  township  trustees,  or  other  local  authority 


29 

provided  by  law,  may  prescribe;  but  this  section  shall 
not  be  construed  to  repeal  any  provision  for  the  appor 
(:ionment  and  disbursement  of  the  moneys  mentioned  ii: 
this  chapter,  or  provided  for  in  special  or  local  laws: 
and  all  funds  contributed  by  private  parties,  or  other 
wise,  to  such  district  shall  be  applied  as  indicated  in  the 
orant  from  such  contributors;  and  no  school  moneys, 
distributed  to  the  various  counties  from  the  State  school 
revenue  shall,  either  directly  or  indirectly,  be  paid  for 
the  erection  of  school  houses,  for  the  use  of  schoolroom 
furniture,  or  any  other  contingent  expenses  of  schools. 

3618.  Apportionment  of  income  from  trust  fnnc 
when  tow7iship  divided. — Whenever  a  township,  whicl 
has  income  from  a  trust  fund,  is  divided  by  a  State  oi 
county  line,  or  otberAVise,  into  separate  districts,  or  in- 
cludes a  city  which  is  a  separate  school  district,  such  in- 
come must  be  divided  between,  and  apportioned  to  eacl 
school  district  in  such  township  according  to  the  school 
population  of  each. 

3619.  Funds  unused  for  two  years  apportioned  hr 
(■ownty  superintende^it. — The  county  superintendent  of 
education  shall,  in  the  same  manner  as  the  superintend 
ent  of  education  is  required  to  apportion  the  general 
school  fund,  apportion  among  the  school  districts  under 
his  supervision  all  funds  received  by  him  for  any  partic 
ular  school  district  or  race  which  have  remained  unused 
by  such  district  or  race  for  two  years ;  and  he  shall  mak( 
a  report  of  such  apportionment  to  the  superintendent  oi 
education  as  soon  thereafter  as  practicable. 

3620.  Fund  once  apportioned,  not  used  for  other  pur- 
poses until  reapportioned. — Funds  which  have  accrue<: 
and  have  been  apportioned  to  any  district  or  race,  shall 
not  be  used  for  the  benefit  of  any  other  district  or  race, 
until  the  same  shall  have  reverted  to  the  general  fund, 
and  been  reapportioned  under  the  provisions  of  the  las! 
preceding  section. 

3621.  What  part  of  income  new  districts  are  entitled 
to. — Whenever  any  separate  school  district  is  created, 


30 

which  shall  embrace  parts  of  two  or  more  townships, 
such  district  shall  receive  its  proportionate  share  of  the 
income  from  any  trust  fund  belonging  to  either  or  both 
of  such  townships,  according  to  its  school  population. 

3622.  Contingent  fund  for  department  of  education. 
The  State  treasurer  shall  annually  set  apart,  out  of  any 
money  in  the  treasui-y  not  otherwise  appropriated,  the 
sum  of  one  thousand  dollars,  as  a  contingent  fund  for 
the  department  of  education ;  and  whenever  it  shall  be- 
come necessary  to  draw  on  such  fund,  the  superintend- 
ent of  education  shall  certify  the  amount  necessary,  and 
for  what  purpose,  to  the  auditor,  who  shall  draw  his  war- 
rant on  the  treasurer  for  such  amount.  The  superin- 
tendent of  education  shall  keep  an  accurate  account  of 
all  sums  which  he  shall  certify  to  be  paid  out  of  such 
contingent  fund,  and  shall  furnish  an  itemized  statement 
thereof  to  the  Governor  each  year,  with  his  annual  re- 
port. 

3623.  Unexpended  part  of  such  fund  credited  to  next 
year. — At  the  close  of  each  scholastic  year,  any  part  of 
the  appropriation  for  the  educational  contingent  fund, 
which  may  not  be  then  expended,  shall  be  carried  for- 
ward by  the  auditor  and  superintendent  of  education, 
and  placed  to  the  credit  of,  and  become  a  part  of  the  one 
thousand  dollars  appropriated  for  the  educational  con- 
tingent fund  of  the  next  succeeding  year. 


Article  X. 

TOWNSHIP  CORPORATIONS. 

3624.     Incorporation  of  townships. — The  inhabitants 
of  each  township  in  the  State  are  incorporated  by  the 

name  of  "Township ,  in  range ,"  according  to 

the  number  of  surveys  of  the  United  States. 


31 

Article  11. 
SCHOOL  lands;  lease  and  sale. 

3625.  What  are  school  lands ^  and  in  whom  vested. — 
School  lands,  within  the  meaning  of  this  cod^,  are  sec- 
tions numbered  sixteen,  in  every  township,  granted  by 
the  United  States  for  the  use  of  schools  in  the  township, 
and  such  other  lands  as  may  have  been  granted  to  any 
township  for  the  use  of  schools ;  and  all  school  lands  are 
vested  in  the  State,  in  trust  to  execute  the  objects  of  the 
grant. 

3626.  Timher  lots  reserved. — The  township  trustees, 
after  the  surveys  and  plats  provided  for  in  this  article, 
may  select  such  lots  as  they  may  think  proper,  to  reserve 
from  cultivation  for  the  benefit  of  the  timber  thereon, 
and  must  mark  the  same  "reserved"  on  the  plat  thereof. 

3627.  Other  lands  leased;  terms  of  lease. — The  town- 
ship trustees  may  lease  for  not  exceeding  five  years,  the 
lots  so  laid  out  and  not  reserved,  and  may  stipulate  for 
such  improvements  as  they  may  deem  expedient,  and 
may  require,  if  they  think  proper,  security  for  rents  and 
improvements,  the  rent  is  to  be  paid  annually,  but  in 
case  of  improvements,  they  may  stipulate  for  the  rent  to 
commence  after  the  commencement  of  the  lease. 

3628.  Rent  payable  to  the  toivnship. — All  notes, 
bonds  and  contracts  for  the  lease  of  school  lands  are  to 
be  made  payable  to  the  township  by  its  corporate  name. 

3629.  Lands  rented  at  public  auction;  notice. — All 
school  lands  must  be  leased,  at  some  place  in  the  town- 
ship at  public  auction;  and  at  least  six  weeks'  previous 
notice  must  be  given  by  advertisement  at  three  public 
places  in  the  township,  designating  the  time  and  place; 
and  such  other  notice  may  be  given  as  the  township  trus- 
tees may  deem  expedient. 

3630.  Ditties  of  lessee. — The  lessee  is  bound  to  treat 
the  land,  houses  and  improvements  in  a  careful  and  hus- 


32 

bandmanlike  manner ;  to  commit  no  waste ;  and  he  must 
compl^^  witli  such  further  restrictions  as  the  township 
trustees  may  deem  expedient  to  insert  in  the  lease ;  and 
U  such  lessee,  or  any  person  claiming  under  him,  com- 
mits waste,  or  fails  to  pay  the  rent,  or  to  comply  with 
any  other  stipulation  in  the  lease,  the  township  trustees 
have  the  right  to  declare  the  lease  forfeited. 

3631.  Timber  lots;  Jioiv  used. — The  lots  reserved  for 
timber  are  for  the  common  benefit  of  the  lessees  of  the 
other  lots;  but  no  timber  must  be  cut  down,  injured  or 
destroyed,  as  long  as  there  is  sufficient  on  the  other  lots, 
which  the  township  trustees  ai'e  to  determine;  and  the 
lessees  must,  in  no  case,  cut  down,  injure  or  destroy  such 
timber  without  permission  from  the  township  trustees, 
which  may  be  given  on  such  terms  as  they  may  think 
proper,  having  due  regard  for  the  interest  of  the  town- 
ship. 

3632.  Penalty  for  injuries  to  timber. — Any  person 
who,  without  authority,  cuts  down,  injures,  or  destroys, 
<nny  tree  on  school  lands,  shall  forfeit  and  pay  for  every 
such  tree  ten  dollars,  to  be  recovered  before  any  court 
having  jurisdiction,  in  the  corporate  name  of  the  town- 
ship. 

3633.  Fines  paid  into  the  treasury  for  school  fund. 
All  fines  and  forfeitures  under  the  preceding  section 
shall  be  paid  into  the  State  treasury,  and  added  to  the 
l)rincipal  of  the  school  fund  of  the  township. 

3634.  Report  of  income  from  school  lands. — When 
any  part  of  the  sixteenth  section  or  other  school  lands  in 
any  township  has  been  rented  or  leased,  it  shall  be  the 
duty  of  the  township  trustees  to  report  at  once  to  the 
county  superintendent  in  writing  a  description  of  the 
lands,  to  whom  rented  or  leased,  the  time  when  due  and 
liow  the  payment  is  secured.  It  shall  be  the  duty  of  the 
county  superintendent,  as  soon,  as  this  report  is  received 
by  him,  to  file  the  same  in  his  office,  and  to  report  to  the 
superintendent  of  education  aJl  the  facts  contained  in  the 


33 

report  of  the  township  trustees.  It  shall  be  the  duty  of 
the  township  trustees  when  money  is  paid  to  them  on 
such  rentings  or  leases  to  report  at  once  the  amount,  and 
on  what  account  paid,  to  the  county  superintendent, 
whose  duty  it  shall  be  to  report  the  same  to  the  superin- 
tendent of  education,  being  careful  to  give  the  number  of 
the  toAvnship  and  range  and  for  what  year  the  rental  or 
lease  money  was  paid. 

3635.  Election  as  to  sale  of  school  lands. — The  town- 
ship trustees  of  any  township  may,  on  giving  twenty 
days'  notice  by  advertisement  in  three  of  the  most  public 
places  therein,  hold  an  election  to  ascertain  the  sense  of 
the  township  respecting  the  sale  of  school  lands  belong- 
ing thereto,  and  may  appoint  the  place  where  such  elec- 
tion is  to  be  held;  and  three  inspectors  to  manage  the 
same. 

[Tankersly  v.  State  Bank,  6  Ala.  277.] 

3636.  Oath  of  inspectors  of  electian. — The  inspectors, 
before  holding  such  election,  must  take  an  oath  to  con- 
duct the  same  fairly,  which  may  be  administered  by  one 
to  the  other ;  and  they  must  appoint  clerks. 

3637.  Absence  of  inspectors. — If  any  inspectors  are 
absent,  those  present  may  supply  their  places,  and  if 
none  attend,  any  three  freeholders  or  householders  of 
the  toAvnship  may  act. 

3638.  Polls. — The  polls  are  to  be  opened  at  eleven  in 
the  morning  and  closed  at  five  in  the  afternoon. 

3639.  Manner  of  voting. — Voters  may  prepare  their 
OAvn  ballots,  notwithstanding  any  general  law  to  the  con- 
trary, and  must  write  thereon,  "Sale,"  or  "No  Sale,"  and 
deposit  them  in  the  ballot  box;  and  the  inspectors,  after 
ascertaining  the  result,  must  certify  the  same  to  the 
township  trustees,  who  must  declare  the  result. 

3640.  //  majority  for  sale,  survey  made,  and  mini- 
fnum  price  fixed. — If,  on  such  election,  a  majority  of  the 

2 


34 

legally  qualified  voters  of  the  township,  voting  thereat, 
are  in  favor  of  a  sale,  the  township  trustees  must  have 
the  lands  surveyed  and  divided  into  lots  so  a»  to  com- 
mand the  highest  price,  have  a  plat  of  such  survey  made, 
and,  being  sworn  to  fairly  value  such  lots,  fix  a  minimum 
price  upon  each. 

3641.  Plat  to  be  kept  open  to  inspection. — Such  plat, 
with  the  minimum  price  marked  upon  each  lot,  is  to  be 
kept  by  the  township  trustees  open  to  the  inspection  of 
all  persons  desiring  to  examine  the  same. 

3642.  Notice  of  sale. — As  soon  as  the  lands  are  sur- 
veyed, the  township  trustees  must  give  thirty  days'  no- 
tice of  the  time  and  place  of  sale  by  advertisement  at 
three  public  places  in  the  township  and  in  such  other 
mode  as.  they  may  think  proper. 

3643.  Sale  at  public  auction:  terms  of  sale. — On  the 
day  appointed  for  the  sale,  between  the  hours  of  eleven 
in  the  morning  and  two  in  the  aftrnoon,  each  lot  must 
be  offered  separately,  and  sold  at  public  auction  to  the 
highest  bidder  at  or  above  the  minimum  price.  If  such 
minimum  price  is  fifty  dollars,  or  under,  the  sale  must 
be  for  cash ;  if  the  minimum  price  is  over  fifty  dollars, 
but  not  more  than  one  hundred  and  fifty  dollars,  the  sale 
must  be  on  a  credit  of  one  year,  unless  the  amount  bid 
for  the  lands  should  exceed  one  hundred  and  fifty  dol- 
lars, in  which  event  the  sale  must  be  on  a  credit  of  one 
and  two  years,  in  equal  annual  installments;  if  the  min- 
imum price  or  the  amount  bid  for  the  lands,  is  one  hun- 
dred and  fifty  dollars,  or  over,  but  less  than  three  hun- 
dred dollars,  the  same  must  be  on  a  credit  of  one  and  two 
years,  in  equal  annual  installments;  if  the  minimum 
price,  or  the  amount  bid  for  the  lands  is  over  three  hun- 
dred dollars,  bull  less  than  five  hundred  dollars,  the  sale 
must  be  on  a  credit  of  one,  two,  and  three  years,  in  equal 
annual  installments;  and  if  the  minimum  price,  or  the 
amount  bid  for  the  lands,  is  five  hundred  dollars,  or  more 
the  sale  must  be  on  a  credit  of  one,  two,  three  and  four 
years,  in  equal  anual  installments;  when  the  sale  is  on 


35 

a  credit  the  purchaser  must  give  his  notes,  with  two  or 
more  sureties,  approved  by  the  township  trustees,  pay- 
able to  the  State  of  Alabama,  for  the  use  of  the  township, 
designating  it  by  its  number  and  range,  and  specifying 
by  the  legal  subdivisions,  the  particular  portion  or  por- 
tions of  the  section  for  which  the  notes  are  given.  All 
notes  for  purchase  of  school  lands,  sold  under  the  pro- 
visions of  this  article,  must  bear  interest  at  the  rate  of 
eight  per  cent,  per  annum  from  date. 

3644.  Provisions  directory, — The  provision  of  this 
article  in  relation  to  the  sale  of  school  lands,  must  be 
construed  as  directory  only. 

3645.  Report  of  sale,  disposition  of  purchase  money 
and  notes. — The  township  trustees,  within  twenty  days 
after  such  sale,  must  make  return  thereof  to  the  superin- 
tendent of  education,  specifying  the  date  of  the  sale,  the 
names  of  the  purchasers,  the  quantity  and  a  particular 
description  of  the  land  sold  to  each,  the  price  paid,  or  to 
be  paid,  by  each  purchaser,  and  the  amount  of  the  pur- 
chase money  retained  to  defray  the  expenses  of  the  sur- 
vey and  sale ;  and  they  must,  at  the  same  time,  pay  over 
to  the  superintendent  of  education  all  the  money  which 
may  have  been  received  by  them  as  purchase  money  for 
such  lands,  after  deducting  such  amount  as  they  may  be 
allowed  by  law  to  retain  to  defray  the  expenses  of  the 
survey  and  sale ;  and  also,  at  the  same  time,  turn  over  to 
the  superintendent  of  education  all  notes  which  may 
have  been  taken  by  them  for  such  lands ;  and  the  superin- 
tendent of  education  must  give  them  a  receipt  for  such 
money  and  notes,  and  file  the  return  and  notes  in  his 
office  and  make  proper  record  of  the  notes. 

3646.  Resale  of  lands. — If  any  purchaiser  fails  to 
make  the  payment,  or  to  give  notes  with  approved 
sureties,  as  required,  the  land  bid  off  to  him  must  be 
immediatelv  resold,  if  practicable,  but  if  it  is  not  prac- 
ticable to  make  the  resale  at  once,  it  must  be  advertised 
and  resold  at  a  future  day,  as  if  no  sale  had  been  made ; 
and  the  first  purchaser  shall  be  responsible  for  the  differ- 


36 

ence  between  his  bid  and  the  amount  for  which  the  land 
is  subsequently  sold,  if  such  amount  is  less  than  the  bid 
of  such  first  purchaser. 

3647.  Certificate  of  purchase. — The  township  trus- 
tees on  receiving  from  the  purchaser  the  cash  payment, 
and  his  notes  for  the  deferred  payments,  must  give  to  him 
a  certificate  of  purchase,  describing  the  land  purchased, 
and  showing  the  number  of  acres,  and  the  amount  of  the 
purchase  money. 

3648.  Effects  of  certificate  of  purchase. — Such  certi- 
ficate conveys  to  the  purchaser,  his  heirs,  or  assigns,  a 
conditional  estate  in  fee,  to  become  absolute  on  the  pay- 
ment of  the  purchase  money  and  interest,  and  to  revert 
to  the  State  for  the  uses  originally  granted  in  the  follow- 
ing cases: 

1.  When  all  the  notes  have  become  due,  and  the 
makers  have  left  the  State,  or  died  insolvent. 

2.  Wheu  a  recovery  on  such  notes  is  defeated  by  any 
defense  avoiding  the  contract  of  sale. 

3.  When  a  recovery  is  had  against  all  the  makers, 
and  execution  has  been  returned  "no  property"  by  the 
proper  ofl&cerS  of  the  county  in  which  the  township  lies ; 
or  when  judgment  is  had,  and  execution  returned  against 
any  one  or  more  or  such  makers  "no  property,"  and  the 
others  have  left  the  State,  or  died  insolvent. 

3649.  Revesting  of  title;  clerk  to  certify  facts;  pen- 
alty for  failure;  costs. — No  proceeding  is  necessary  to 
revest  the  title  in  the  State  on  the  happening  of  the 
events  specified  in  the  preceding  section,  but  such  lands 
may  be  recovered  in  the  name  of  the  State,  for  the  use 
of  the  township,  against  any  person  In  possession  of  the 
same,  upon  proof  of  the  facts;  and  it  is  the  duty  of  the 
clerk  of  the  court  in  which  the  suit  was  pending,  or  the 
judgment  recovered,  to  certify  the  facts  to  the  superin- 
tendent of  education,  on  the  happening  of  the  events 
specified  in  the  second  and  third  subdivisions  of  the  pre- 
ceding section,  and  falling  to  do  so  mthin  a  reasonable 
time  he  forfeits  the  sum  of  one  hundred  dollars;  one- 


37 

half  to  the  person  suing  for  the  same,  and  the  other  to 
the  State  for  the  use  of  he  toAvnship.  When  no  money 
is  recovered  in  suits  on  notes  for  the  purchase  money  of 
school  lands  no  cost  must  be  taxed  against  the  township 
for  such  suits. 

3650.  Compensation  to  township  trustees;  penalty 
for  certain  defaults. — For  holding  the  election  and  mak- 
ing the  sale  as  provided  in  this  article,  the  township 
trustees  shall  be  entitled  to  two  dollars  each,  which,  to- 
gether with  the  amount  which  may  be  allowed  by  law 
to  the  county  surveyor  for  making  the  surveys  and  plats 
herein  provided  for,  shall  be  retained  by  them  out  of  the 
purchase  money  for  the  lands;  and  purchasers  shall,  in 
all  cases,  pay  enough  cash  to  defray' such  expenses;  and 
if  the  township  trustees  fail  to  return  the  sale,  or  pur- 
chase money  notes,  or  to  pay  over  the  money  received  on 
account  of  purchase  money,  to  the  superintendent  of  ed- 
ucation, as  required  by  law,  he  shall  forfeit  one  hundred 
dollars,  one-half  to  the  person  suing  for  the  same,  and 
the  other  to  the  State  for  the  use  of  the  township ;  and 
on  the  trial,  the  certificate  of  the  superintendent  as  to 
such  failure  is  presumptive  evidence  thereof. 

3651.  Fines  go  to  school  fund. — The  amount  received 
by  the  State  upon  recoveries,  had  under  the  last  two  pre- 
ceding sections,  is  to  be  added  to  the  principal  of  the 
school  fund  of  the  township. 

3652.  Patent. — A  patent  issues,  on  the  payment  of 
the  purchase  money,  to  the  purchaser,  his  heirs,  or  as- 
signs, and  when  the  patent  is  to  the  heirs,  it  vests  a  title 
in  all  persons  entitled  to  claim  in  that  capacity  under 
the  provisions  of  this  code. 

3653.  Issue  of  patent  by  Secretary  of  State;  correc- 
tion or  mistake. — The  Secretary  of  State  must  issue  pat- 
ents, upon  satisfactory  evidence  furnished  him  of  full 
payment  of  purchase  money,  to  any  person,  agent  or 
officer,  legally  authorized  to  receive  such  payment;  and 
upon  proof  of  a  mistake  in  the  issue  of  any  patent,  he 


38 

must  correct  the  same,  or  issue  a  new  patent  on  the  re- 
turn of  the  original  to  his  office. 

3654.  Issue  of  patents  in  other  cases. — Except  under 
the  provisions  of  the  preceding  section,  no  patent  must 
issue  without  the  certificate  of  the  superintendent  of  ed- 
ucation that  the  whole  amount  of  the  purchase  money 
specified  in  the  certificate,  with  all  interest  thereon,  has 
been  paid. 

3655.  Collection  of  past-due  notes. — All  notes  for 
school  lands  deposited  with  the  superintendent  of  edu- 
cation, if  not  paid  within  six  months  after  maturity, 
must  be  placed  with  the  attorney-general  for  collection ; 
but  this  section  shall  not  be  so  constructed  as  to  prevent 
the  superintendent  of  education  from  ordering  suit  on 
notes  at  any  time  after  maturity,  when  so  ordered  by  the 
township  trustees,  or  the  sureties  on  the  notes. 

3656.  Appointment  of  agents  fm'  collection  of  notes. 
The  attorney-general  may  appoint  agents  for  the  collec- 
tion of  such  notes,  beng'  responsible  for  any  neglect  on 
the  part  of  such  agents. 

3657.  Township  credited  with  collection  on  notes. 
All  collections  on  notes  given  for  the  sale  of  school  lands 
must  be  paid  into  the  treasury  of  the  State,  to  the  credit 
of  the  proper  township. 

3658.  Proceeds  of  school  lands  covered  into  the  treas- 
ury; faith  and  credit  of  the  State  pledged  for  payment 
of  interest. — ^All  funds  now  in  the  State  treasury  derived 
from  the  sale  of  sixteenth  section  or  other  school  lands, 
or  which  may  hereafter  accrue  from  sales  of  such  lands, 
together  with  the  redemption  money  of  other  lands  in 
which  former  accumulations  have  been  invested  under 
an  act  approved  March  1,  1881,  entitled  "An  act  to  au- 
thorize the  compromise  and  settlement  of  claims  for 
school  lands  in  this  State,''  are  covered  into  the  State 
treasury  and  made  available  for  general  purposes;  and 
the  faith  and  credit  of  the  State  is  pledged  for  the  pay- 


39 

ment  of  the  interest  on  such  fund  to  the  public  schools 
of  the  State,  at  the  rate  of  six  per  cent,  per  annum. 

3659.  Bmids  when  lands  about  to  he  sold  are  leased. 
When  any  township  trustees  are  about  to  sell  or  lease 
any  school  lands,  they  must  give  bond  with  sufficient 
sureties,  payable  to  the  State,  in  a  sum  to  be  fixed  by 
the  county  superintendent  of  education,  equal  to  the 
value  of  the  school  lands  or  the  amount  of  the  school 
funds  of  their  township,  and  with  condition  to  discharge 
their  duties  faithfully  so  long  as  they  may  continue  in 
office  or  discharge  the  duties  thereof,  which  bond  must 
be  approved  by  the  county  superintendent  of  education 
and  by  him  filed  in  his  office. 

3660.  By  whom  duties  as  to  lands  perform  when 
toicnship  divided. — When  a  township  is  divided  into  two 
or  more  school  districts  the  county  superintendent  of  ed- 
ucation, in  appointing  township  trustees  in  such  town- 
ship, shall  designate  which  of  them  shall  discharge  the 
duties  and  exercise  the  poAvers  conferred  upon  township 
trustees  touching  the  leasing,  selling  and  control  of 
school  lands  in  each  school  district. 


Article  XII. 

LEASE  AND  SALE  OF  SCHOOL  INDEMNITY  LANDS. 

3661.  ^ale  of  school  indemnity  lands  authorized. — 
The  superintendent  of  education  is  authorized  and  em- 
powered to  sell  and  dispose  of  all  the  lands  whch  have 
been  heretofore  or  may  hereafter  be  certified  by  the  State 
for  the  use  and  benefit  of  the  several  townships  in  which 
there  was  a  deficiency  in  the  amount  of  land  originally 
certified  in  thei  State  for  their  benefit,  subject  to  the  ap- 
proval of  the  Governor. 

3662.  Proceeds  of  sale;  how  disposed  of. — The  pro- 
ceeds arising  from  such  sales,  after  the  payment  of  all 
proper  costs  and  expenses  thereof,  shall  be,  by  the  super- 


40 

intendent  of  education  paid  into  the  State  treasury  to 
the  credit  of  the  township  to  which  the  same  may  belong, 
in  the  proportion  of  their  interest  therein. 

3663.  Notes  taken  hy  superintendent  of  education 
held  until  paid;  when  placed  with  the  attorney-general. 
All  notes  taken  by  the  superintendent  of  education  for 
the  purchase  of  such  lands  must  be  held  by  him  until  the 
same  are  due,  and  if  not  then  paid,  may  be  placed  with 
the  attorney-general  for  collection. 

3664.  Manner  and  terms  of  sale. — Such  sales  may  be 
made  from  time  to  time,  at  public  or  private  sale,  as  in 
the  judgment  of  the  superintendent  of  education  shall 
best  promote  the  interest  of  the  school  fund  of  the  State, 
and  shall  be  for  cash,  or  part  cash  and  part  on  time,  as 
the  superintendent  of  education  and  the  governor  may 
deem  best;  but  in  no  case  shall  there  be  less  than  one- 
fourth  of  the  purchase  money  paid  in  cash,  and  the  re- 
mainder shall  be  payable  in  yearly  installments  to  ex- 
tend over  a  period  of  not  more  than  three  years,  and 
shall  be  secured  by  notes  wth  sureties  to  be  approved  by 
the  superintendent  of  education  and  shall  bear  interest 
from  the  date  of  the  sale. 

3665.  Lease  of  school  indemnity  lands'. — The  super- 
intendent of  education  may,  with  the  approval  of  the 
Governor,  lease  out  any  of  such  lands  for  a  term  not  ex- 
ceeding five  years,  or  may  enter  into  contracts  permitting 
persons  to  mine  ore,  coal  or  other  minerals  therefrom, 
upon  a  royalty,  for  a  term  not  exceeding  twenty  years; 
and  the  net  proceeds  of  all  moneys  received  from  the 
lease  of  such  lands,  or  as  a,  royalty  for  the  minerals 
mined  therefrom,  shall  at  the  end  of  each  fiscal  year  be 
paid  into  the  State  treasury  to  the  credit  of  tJie  town- 
ships to  which  such  lands  belong,  in  the  proportion  of 
their  interest  therein. 

3666.  Provisions  applicable. — The  provisions  of  the 
preceding  article  relating  to  trespasses  upon  school  land 


41 

resale,  certificate  of  purchase,  revesting  title,  patent,  and 
the  collection  and  application  of  proceeds  of  sales,  apply 
to  sales  under  this  article  so  far  as  applicable. 


T>AWS  NOT  IN  CODE  OF  1896. 

An  Act 

To  establish  a  uniform  system  for  the  examination  and 
licensing  of  teachers  of  public  schools.  Approved 
February  10,  1899 ;  amended  February  8,  1901. 

Section  1. — Be  it  enacted  hy  the  General  Assembly  of 
Alabama,  That  there  shall  be  constituted  a  State  Board 
of  Examiners,  to  be  composed  of  the  Superintendent  of 
Education,  who  shall  be  President  of  the  Board,  and  two 
other  persons  to  be  appointed  by  him,  who  shall  be  teach- 
ers of  extensive  experience  and  recognized  ability.  The 
term  of  office  of  said  board  shall  be  co-equal  with  that  of 
tlie  superintendent  of  education. 

Sec.  2.  {As  Amended). — Be  it  further  enacted,  That 
the  said  State  Board  of  Examiners  shall  meet  during  the 
months  of  November  and  May  of  each  year,  and  shall 
prepare  questions  fgr  the  examination  of  teachers  . 

Sec.  3.  (As  amended). — Be  it  further  enacted,  That 
the  President  of  the  State  Board  of  Examiners  shall 
cause  lists  of  the  questions  so  prepared  to  be  printed,  and 
shall  on  or  before  the  15th  day  of  December  and  June  of 
each  year  send  to  each  person  appointed  to  conduct  ex- 
aminations in  the  counties  of  the  State  a  sufficient  num- 
ber of  the  lists  of  questions  so  prepared  and  printed  for 
the  conducting  of  the  examinations  in  their  respective 
counties  as  hereinafter  provided;  that  the  questions  so 
sent  shall  be  enclosed  in  a  sealed  envelope,  on  the  back  of 
which  shall  be  plainly  written  or  printed  the  words, 
^'Questions  for  the  examination  of  teachers."  The  seal 
of  said  envelope  shall  not  be  proken  except  as  herein- 
after provided. 

Sec.  4.  (As  amended). — Be  it  further  enacted,  That 
the  first  Mondays  in  January  and  July  be  appointed  for 


42 

the  examination  of  teachers.  The  examination  may  be 
continued  from  day  to  da}^  for  three  consecutive  days,  if 
such  continuance  shall  be  necessary  for  the  completion 
of  the  work  of  examination,  but  no  examination  shall  be 
begun  on  any  other  day  than  the  first  day  mentioned  in 
this  section.  No  examination  shall  be  held  at  any  other 
time.  Provided,  that  the  State  Board  of  Examiners  may 
hold,  at  the  Department  of  Education  in  Montgomery, 
special  examinations  for  the  benefit  of  persons  who  are 
prevented  from  taking  the  regular  examinations  by  sick- 
ness, absence  from  the  State,  or  other  unavoidable  cause. 
Each  person  taking  a  special  examination  shall  pay  the 
State  Board  of  Examiners  a  fee  of  five  dollars.  Special 
examination  shall  be  equal  in  all  respects  to  the  regular 
examination.  Pro\dded,  further,  that  in  order  to  accom- 
modate normal  school  pupils  who  are  required  by  this 
act  to  take  State  examination,  the  State  Board  of  Exami- 
ners may  hold  at  such  times  and  places  as  they  may  deem 
advisable  an  examination  for  these  pupils,  and  at  such 
examination  the  regular  fees  shall  be  paid  by  applicants, 
and  no  person  not  a  bona  fide  matriculate  of  a  normal 
school  shall  be  admitted  to  the  examination. 

Sec.  5.  (As  amended). — Be  it  further  enacted,  That 
the  regular  examination  shall  be  conducted  in  each 
county  by  the  county  superintendent  of  education  of  the 
same,  unless  for  good  and  substantial  reasons  the  said 
State  Board  of  Examiners  shall  deem  it  best  to  select  for 
this  service  another  person  appointed  for  that  purpose 
by  the  State  Board  of  Examinei*s,  and  if  he  shall  be  una- 
ble, by  reason  of  sickness,  or  other  unavoidable  necessity 
to  conduct  the  same,  then  by  some  other  competent  per- 
son appointed  for  that  purpose  by  him.  Said  examina- 
tion shall  begin  at  10  o'clock  a.  m.,  of  the  day  appointed 
by  Section  4  of  this  act  at  which  hour  the  person  ap- 
pointed to  conduct  the  examination  shall,  in  the  pres- 
ence of  the  applicants  for  the  examination,  break  the 
seal  of  the  envelope  containing  the  lists  of  questions,  and 
shall  distribute  the  questions  among  the  applicants.  All 
the  applicants  shall  undergo  the  examination  in  the 
same  room,  or  in  sight  of  the  person  appointed  to  con- 
duct the  examination.    Provided,  that  the  provisions  of 


43 

this  act  referring  to  the  special  examination  of  normal 
school  students  shall  apply  only  to  those  who  had  grad- 
uated prior  to  the  passage  of  this  act. 

Sec.  6.  (As  amended). — Be  it  further  enacted,  That 
each  applicant  for  examination  shall,  before  entering 
upon  the  examination,  deposit  with  the  person  appoint- 
ed to  conduct  the  examination  an  examination  fee  as 
follows.  An  applicant  for  a  third  grade  certificate,  a  fee 
of  one  dollar ;  an  applicant  for  a  second  grade  certificate, 
a  fee  of  one  and  a  half  dollars ;  and  applicant  for  a  first 
grade  certificate,  a  fee  of  two  dollars;  an  applicant  for  a 
life  certificate,  a  fee  of  three  dollars.  The  fees  received 
from  the  examination  of  teachers  at  regular  examina- 
tions shall  be  paid  into  the  State  treasury  to  the  credit 
of  the  educational  fund,  and  the  State  auditor  shall,  on 
the  requisition  of  the  superintendent  of  education,  issue 
warrants  on  the  State  treasurer  to  be  paid  out  of  the  ed- 
ucational fund,  for  the  purpose  of  carrying  out  the  pro- 
visions of  this  act,  such  as  the  payment  of  expenses  for 
postage,  for  expressage,  for  clerk  hire,  for  State  Board  of 
Examiners  only ;  for  the  per  diem  of  the  State  Board  of 
Examiners,  for  paying  county  conductors  and  for  other 
incidental  expenses  incurred  in  carrying  out  the  provis- 
ions of  this  act.  The  appointed  members  of  the  State 
Board  shall  receive  five  dollars  per  day,  including  Sun- 
days, for  the  time  they  are  engaged  in  conducting  the 
examination  of  teachers  under  this  act.  The  county  su- 
perintendent or  person  appointed  to  conduct  the  examin- 
ation in  each  county  shall  receive  ten  dollars  for  his  ser- 
vices in  conducting  each  examination.  Provided,  that 
as  the  available  educational  fund  was  apportioned  Octo- 
ber 1, 1900,  an  amount  equal  to  the  balance  after  deduct- 
ing the  expenses  received  from  the  examination  fees, 
since  March  1,  1899,  shall  be  immediately  available  from 
the  educational  fund  for  the  purpose  of  paying  the  ex- 
penses provided  for  in  this  act. 

Sec.  7.  Be  it  further  enacted,  That  teachers  on  ex- 
amination shall  not  be  permitted  to  sit  near  enough  to 
each  other  to  read  each  other^s  papers,  and  no  teacher  on 
examination  shall  receive  any  assistance  from  any 
person,  or  by  reference  to  any  book,  map,  chart  or  from 


44 

any  source,  and  no  person  shall  be  licensed  to  teach  who 
shall  endeavor  to  procure  any  assistance.  And  each 
teacher  so  examined  shall,  upon_the  completion  of  his  ex- 
amination, sign  a  statement  that  he  has  not  received  any 
assistance  in  said  examination  from  any  source;  which 
statement  shall  be  kept  on  file  by  the  county  superin- 
tendent of  education. 

Sec.  8.  (As  amended). — Be  it  further  enacted,  That 
unless  the  applicant  is  known  to  the  person  appointed  to 
conduct  the  examination  to  be  of  good  moral  character, 
or  shall  make  satisfactory  proof  of  the  same,  which  proof 
shall  be  in  writing,  he  shall  not  be  admitted  to  the  ex- 
amination. Any  one  ,who  habitually  uses  profane  lan- 
guage or  intoxicants  shall  be  deemed  of  immoral  char- 
acter. 

Sec.  9.  (As  amended). — Be  it  further  enacted,  That 
there  shall  be  grades  of  teachers'  certificates,  besides  the 
life  certificate  hereinafter  provided,  to  be  known  as  cer- 
tificates of  the  first,  second  and  third  grades,  each  of 
which  must  show  the  branches  in  which  the  holder  has 
been  examined,  his  relative  attainments  therein  and  his 
general  average.  In  no  case  shall  an  applicant  for  a  cer- 
tificate receive  the  same  who  fails  to  ansAver  fifty  per 
cent,  of  the  questions  propounded  in  any  branch  and 
whose  general  average  is  below  seventy-five  per  cent. 
Every  teacher  in  the  public  school  must  obtain  a  certifi- 
cate prior  to  his  employment. 

Sec.  10. — Be  it  further  enacted,  That  applicants  for 
third  grade  certificates  shall  be  examined  in  the  follow- 
ing branches:*  Orthography,  reading,  penmanship, 
grammar,  practical  arithmetic  through  fractions,  prima- 
ry geography,  and  the  elementary  principles  of  physiolo- 
gy and  hygiene  [See  page  78  of  this  pamphlet]  ;  and  ap- 
plicants for  second  grade  certificates  shall  be  examined 
in  all  the  foregoing  branches,  and  also  in  practical  arith- 
metic, history  of  Alabama,  history  of  the  United 
States,  English  grammar  and  composition,  and  in- 
termediate geography;  and  applicants  for  first 
grade  certificates  shall  be  examined  in  all  the  fore- 
going branches  and  also  in  algebra,  natural  philosophy, 
geometry,  the  school  laws  of  Alabama,  and  theory  and 
practice  of  teaching. 

Agriculture  was  added  to  the  third  grade  branches  Oct.  10,  1903. 
(See  page  78  this  pamphlet.) 


45 

Sec.  11. — Be  it  further  enacted,  That  in  all  examina- 
tions under  this  act  the  answers  shall  be  written  on  legal 
cap  paper  with  pen  and  ink.  The  subject  or  branch 
shall  be  plainly  written  on  the  top  of  the  page,  and  the 
answers  shall  iDe  numbered  to  correspond  with  the  ques- 
tions. 

Sec.  12.  (As  amended). — Be  it  further  enacted,  That 
when  an  applicant  shall  have  completed  his  examination 
he  shall  write  his  name  and  address  on  each  paper  of  the 
same,  and  deliver  the  same  to  the  person  appointed  to 
conduct  the  examination,  who  shall  enclose  the  papers  of 
each  applicant  in  a  separate  envelope,  together  with  his 
certificate  of  good  moral  character  of  the  applicant  or 
the  Avritten  proof  of  he  same,  on  which  he  admitted  the 
applicant  to  examination,  and  shall  transmit  the  same 
to  the  Secretary  of  the  State  Board  of  Examiners  with- 
out delay. 

Sec.  13. — Be  it  further  enacted,  That  the  State  Board 
of  Examiners  shall  examine  the  papers  coming  to  it  un- 
der the  provisions  of  the  preceding  section,  as  expedi- 
tiously as  possible,  and  shall  mark  upon  each  paper  the 
teachers'  grade  in  that  branch  according  to  the  correct- 
ness or  approximate  correctness  of  the  ans^wers,  and  if, 
upon  such  examination,  it  appears  that  the  applicant  is 
entitled  to  receive  a  certificate,  the  Secretary  of  the 
Board  shall  prepare  a  certificate  in  conformity  with  Sec- 
tion 9  of  this  act.  Said  certificate  shall  be  signed  by  the 
Secretary  of  the  State  Board  of  Examiners  and  the  Su- 
perintendent of  Education  and  shall  be  transmitted  to 
the  teacher*  entitled  to  the  same. 

Sec.  14.  (As  amended). — Be  it  further  enacted,  That 
all  examination  papers  shall  be  kept  on  file  in  the  office 
of  the  Superintendent  of  Education  subject  to  public  in- 
spection for  six  months.  That  any  person  who  purloins, 
steals,  buys,  receives,  sells,  gives  or  offers  to  buy,  give  or 
sell  any  examination  questions  or  copies  thereof  before 
the  date  of  the  examination  for  which  they  had  been  pre- 
pared, shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  fined  not  less  than  one  hundred 
dollars,  and  may  also  be  sentenced  to  hard  labor  for  the 
county  for  not  less  than  six  months. 


46 

Sec.  15. — Be  it  further  enacted^  That  certificates 
granted  under  the  provisions  of  this  act  shall  entitle 
their  holder  to  teach  in  the  public  schools  of  any  county 
in  this  State  for  the  following  periods  of  time :  A  third 
grade  certificate,  two  years ;  a  second  grade  certificate, 
four  years;  and  a  first  grade  certificate  six  years  from 
the  date  of  issuance  of  the  same. 

Sec.  16.  (As  amended). — Be  it  further  enacted,  That 
no  teacher  shall  be  granted  a  second  grade  certificate 
more  than;  twice. 

Sec.  17. — Be  it  further  enacted.  That  whenever  any 
teacher  applying  for  a  certificate  shall  make  proof  that 
he  has  been  engaged  for  ten  years  in  teaching  under  first 
grade  certificates,  which  proof  the  county  superintend- 
ent of  education  shall  transmit  to  the  State  Board  of  Ex- 
aminers, and  shall  show  a  high  degree  of  proficiency  and 
professional  attainment,  such  teaqher  may  be  granted  a 
life  certificate,  signed  as  prescribed  for  other  certifi- 
cates; Provided,  that  any  teacher  holding  a  life  certifi- 
cate shall  forfeit  the  same  by  leaving  off  the  business  of 
teaching  for  five  consecutive  years. 

Sec.  18. — Be  it  further  enacted,  That  the  Superintend- 
ent of  Education  shall  have  the  poAver,  and  it  is  hereby 
made  his  duty  to  revoke  the  certificate  of  any  teacher 
who  shall  be  guilty  of  immoral  conduct,  or  unbecoming 
or  indecent  behavior. 

Sec.  19.  (As  amended). — Be  it  further  enacted,  That 
the  Secretary  of  the  State  Board  of  Examiners  is  hereby 
required  to  keep  a  register  of  all  teachers  examined  and 
licensed  under  this  act,  showing  the  name  and  postoffice 
address  of  each  teacher  and  the  date  and  grade  of  his  cer- 
tificate, and  keep  the  same  on  file  in  the  office  of  the 
State  Superintendent  of  Education,  and  he  shall  devote 
his  time,  when  not  engaged  in  the  work  of  examining 
teachers,  to  clerical  work  in  the  Department  of  Educa- 
tion. 

Sec.  20.  (As  amended) . — Be  it  further  enacted,  That 
the  provisions  of  this  act  as  to  the  time  of  holding  ex- 
aminations shall  not  be  effective  until  the  first  day  of 
April,  1901;  provided,  that  the  provisions  of  this  act 
shall  not  be  construed  as  to  apply  to  separate  school  dis- 


47 

tricte  of  two  thousand  inhabitants  or  more,  having  au- 
thority at  present  by  their  charters  to  examine  their 
teachers. 

Sec.  21.  (As  amended). — Be  it  further  enacted,  That 
all  laws  and  parts  of  laws,  both  general  and  special,  in 
conflict  with  the  provisions  of  this  act,  are  hereby  re- 
pealed. 


EULES  OP^  THE  STATE  BOARD  OF  EXAMINERS. 


(These  rules  are  based  on  the  Attorney-General's  in- 
terpretation of  the  laAv. ) 

First. — The  provisions  of  the  examination  law  do  not 
apply  to  separate  school  districts  of  two  thousand  inhab- 
itants or  more,  having  authority  February  8,  1901,  by 
their  charters  to  examine  their  teachers. 

Second. — Teachers  in  State  schools,  acting  under  sp^^ 
cial  charters  giving  exclusive  control  of  such  school  to 
their  boards  of  trustees,  are  not  subject  to  examination 
unless  the  school  shall  receive  township  or  district 
funds,  in  which  case  those  who  teach  any  of  the  common 
school  branches  and  those  who  share  in  the  distribution 
of  the  toAvnship  or  district  funds  shall  procure  a  certi- 
ficate. 

Third. — All  teachers  in  the  public  schools  of  the  State, 
regardless  of  diplomas  held,  except  those  exempted  by 
rules  1  and  2,  are  hereby  subject  to  examination. 

Fourth. — All  teachers  in  the  public  schools  of  the 
State,  whether  principals  or  assistants,  must  hold  certifi- 
cates at  the  time  they  begin  teaching.  Contracts  con- 
ditioned on  the  teacher's  procuring  a  certificate  at  a  sub- 
sequent examination  are  illegal,  and  public  funds  paid 
under  them  will  be  charged  to  the  county  superintend- 
ent. 

Fifth. — Applicants  for  first  or  second  grade  certifi- 
cates failing  to  make  the  necessary  percentage  to  obtain 
a  certificate  in  the  grade  applied  for,  but  making  the 
requisite  percentage  in  the  branches  required  for  a  lower 
grade  certificate,  may  be  granted  such  lower  grade  cer- 
tificate. 

Sixth. — Teachers  who  procure  a  low  grade  certificate 
may  apply  for  a  higher  grade  certificate  at  any  subse- 
quent examination,  but  must  take  the  full  examination 
of  the  grade  for  which  they  apply;  Provided,  that  teach- 


49 

ers  who  hold  unexpired  second  grade  certificates  may  ap- 
ply for  a  first  grade  by  taking  an  examination  in  Alge- 
bra, Geometry,  Physics,  Theory  and  Practice  of  Teach- 
ing and  School  Laws  of  Alabama,  (also  Agriculture  if 
the  second  grade  certificate  was  issued  prior  to  January, 
19C5)  ;  and,  teachers  holding  unexpired  third  grade  cer- 
tificates may  be  exempted  from  taking  the  examination 
on  Penmanship,  Orthography,  Reading  and  Physiology 
(also  Agriculture  if  the  third  grade  certificate  shows 
that  the  applicant  has  passed  a  satisfactory  examination 
in  this  branch)  in  making  application  for  a  higher  grade. 
In  every  instance  the  second  and  third  grade  certificates 
must  be  filed  with  the  examination  papers. 

Seventh. — Special  examinations  at  Montgomery  may 
be  allowed  as  follow  s : 

(a)  To  those  applicants  who  were  prevented  from 
taking  the  last  regular  examination  on  account  of  sick- 
ness, absence  from  the  State,  or  other  unavoidable 
cause. 

(b)  A  Second  or  Third  Grade  examination  may  be 
allowed  those  First  Grade  applicants  who  fail,  and  sub- 
stituted their  unexpired  Second  Grade  certificates  for 
the  Second  and  Third  Grade  branches. 

(c)  A  Third  Grade  examination  may  be  allowed 
those  applicants  who  make  application  for  a  higher 
grade  and  fail  or  Second  Grade  arithmetiCj  Second 
Grade  grammax,  or  Second  Grade  geography. 

In  all  special  examinations  a  fee  of  five  dollars  is  re- 
quired. Application  blanks  for  these  examinations  will 
be  furnished  by  the  Department  of  Education. 

Eighth. — Whenever  there  is  evidence  from  the  papers 
that  applicants  have  been  in  communication  or  that  as- 
sistance has  been  obtained  from  any  source,  the  applica- 
tions of  all  parties  concerned  will  be  rejected. 

Ninth. — Teachers  who  have  taught  ten  years  under  a 
first  grade  certificate  in  Alabama,  and  who  shall  show 
a  high  degree  of  proficiency  and  professional  attainment 
may  be  granted  a  first  grade  certificate  for  life.  The 
proof  of  time  taught  shall  be  furnished  the  State  Board 
of  Examiners,  through  the  county  superintendent,  and 
may  be  made  as  follows : 


50 

a.  By  exhibiting  to  the  State  Board  of  Examiners 
their  former  licenses. 

b.  By  affidavit  from  the  applicant  that  he  has  held  a 
first  grade  license  for  ten  years. 

PROOF    OF    PROFICIENCY    AND    PROFESSIONAL    ATTAINMENT. 

An  applicant  for  a  life  certificate,  as  evidence  of  profi- 
ciency and  professional  attainments,  shall,  at  the  time 
of  the  regular  examination,  through  the  county  superin- 
tendent, furnish  to  the  State  Board  of  Examiners : 

a.  A  sketch  not  exceeding  five  hundred  words  in 
length  of  his  school  work  the  last  ten  years. 

b.  A  thesis  on  some  subject  pertaining  to  the  Theory 
and  Practice  of  Teaching,  not  exceeding  six  hundred 
words  in  length.  The  subject  for  said  thesis  shall  be  as- 
signed by  the  State  Board  of  Examiners  as  questions  are 
assigned  to  other  applicants. 

c.  Testimonials  from  three  educators  of  recognized 
standng  that  he  has  a  good  character,  and  has  shown  a 
high  degree  of  proficiency  and  professional  attainment. 

Tenth. — In  the  future  the  State  Board  of  Examiners 
will  not  grant  a  life  certificate  to  an  applicant  who  has 
not  taught  since  February  10,  1899 ;  or,  to  one  who  has 
been  granted  a  lower  grade  than  that  of  a  first  grade  cer- 
tificate since  that  time,  unless  at  some  subsequent  exam- 
ination the  applicant  was  granted  a  first  grade  certifi- 
cate. 


INSTEUCTIONS  REGARDING  EXAMINATION 

LAW. 


Examinations  will  be  held  in  each  county  of  the  State 
beginning  on  the  first  Monday  in  January  and  July  and 
may  continue  three  days.  Regular  examinations  will  be 
held  at  no  other  time. 

1.  It  is  the  duty  of  the  State  Board  of  Examiners  to 
prepare  questions  and  furnish  them  to  county  superin- 
tendents, to  examine  and  grade  the  papers  and  to  issue 
certificates  to  teachers. 

2.  On  the  day  set  for  the  examination,  the  county 
superintendent  shall  at  10  o'clock  a.  m.,  in  the  presence 
of  the  applicants,  break  the  seal  of  the  package  contain- 
ing the  questions.  He  shall,  unless  some  other  person 
has  been  appointed  by  the  State  Board  of  Examiners  con- 
duct the  examination,  unless  he  shall  be  unable  to  do  so 
by  reason  of  sickness  or  other  unavoidable  necessity,  in 
which  case  the  examination  shall  be  conducted  by  some 
competent  person  appointed  by  him.  All  appli- 
cants shall  undergo  the  examination  in  the  same  room, 
or  in  sight  of  the  superintendent  or  other  person  ap- 
pointed by  him  to  conduct  the  examination.  (Two 
rooms  with  connecting  door  or  doors  maybe  used). 
The  sum  of  ten  dollars  is  allowed  each  county  superin- 
tendent for  conducting  the  examination. 

3.  No  applicant  shall  sit  near  enough  to  another  to 
read  his  paper.  No  applicant  that  receives,  gives  or  en- 
deavors to  procure  or  give  assistance  directly  or  indi- 
rectly will  be  granted  a  certificate,  and  it  is  the  duty  of 
the  county  superintendent  or  other  person  appointed  to 
conduct  the  examination  to  advise  the  State  Board  of 
Examiners  if  this  rule  is  violated. 

4.  Unless  the  applicant  is  known  to  the  county  super- 
intendent  of  education  to  be  of  good  moral  character,  he 
shall  make  satisfactory  proof  of  the  same  in  writing  and 


52 

without  such  proof  he  shall  not  be  admitted  to  exam- 
ination. Any  one  who  habitually  uses  profane  language 
or  intoxicants  is,  by  the  law,  deemed  of  immoral  charac- 
ter. The  proof  submitted  by  the  applicant  or  the  county 
superintendeiit's  certificate  must  accompany  the  examin- 
ation report. 

5.  When  the  examination  is  completed,  each  appli- 
cant shall  sign  a  certificate  that  he  has  neither  given  nor 
received  any  assistance  in  the  examination ;  which  state- 
ment shall  be  kept  on  file  by  the  county  superintendent. 

6.  Answers  must  be  written  on  legal  cap  paper  with 
pen  and  ink.  (All  stationery  to  be  furnished  by  the 
applicant. )  That  the  paper  in  each  county  may  be  uni- 
form in  size,  color,  quality,  etc.,  each  county  superintend- 
ent is  advised  to  procure  a  supply  and  furnish  it  to 
teachers  at  a  reasonable  price. 

The  subject  or  branch  must  be  plainly  written  at  the 
top  of  the  page,  and  each  answer  numbered  to  corre- 
spond with  the  question.  On  each  paper  of  his  examina- 
tion the  applicant  must  write  his  name  and  address. 
When  thei  examination  is  completed  the  county  superin- 
tendent must  immediately  forward  the  papers  to  the  Sec- 
retary of  the  State  Board  of  Examiners,  at  Montgomery. 
The  papers  of  each  applicant  must  be  in  a  separate  en- 
velope and  sealed,  on  which  should  be  written  his  full 
name,  address,  color,  sex  and  for  what  grade  applying. 
County  superintendents  will  be  allowed  to  deduct  from 
fees  received  the  amounts  necessary  to  send  papers  to 
Secretary  of  Board. 

7.  The  county  superintendent  or  examiner  must 
make  out  a  list  of  all  applicants  and  place  opposite  the 
name  of  each  applicant  the  grade  applied  for,  color  and 
sex  of  the  applicant.  This  list  must  he  sent  under  sep- 
arate cover  to  the  Secretary  of  the  Board  of  Examiners. 

8.  Applicants  shall,  before  starting  upon  the  exami 
ination,  deposit  Avith  the  county  superintendent  or 
other  person  appointed  to  conduct  the  examination,  fees 
as  follows:  For  third  grade,  one  dollar;  for  second 
grade,  one  and  one-half  dollars;  for  first  grade,  two  dol- 
lars ;  for  life  certificate,  three  dollars.  The  fees  shall  be 
paid  into  the  State  treasury  to  the  credit  of  the  public 
school  fund. 

9.  Four  grades  of  certificates  will  be  issued,  viz: 
first,  second,  third  and  life.    A  third  grade  certificate  is 


53 

good  for  two  years;  a  second  for  four  years;  a  first  for 
six  years;  a  life  for  life.  Second  grade  certificates  will 
be  issued  to  the  same  teacher  but  twice.  Life  certificates 
will  be  issued  under  rule  8. 

10.  Applicants  for  third  grade  certificates  will  be  ex- 
amined on  the  following  branches:  Orthography,  read- 
ing, penmanship,  grammar,  practical  arithmetic  through 
fractions,  primary  geography,  the  elementary  prin- 
ciples of  physiology  and  hygiene,  and  *agriculture ;  ap- 
plicants for  second  grade  certificates  Avill  be  examined  in 
all  the  foregoing  branches,  and  also  in  practical  arithme- 
tic, history  of  Alabama,  history  of  he  United  States,  En- 
glish grammar  and  composition,  and  intermediate  geog- 
raphy; applicants  for  first  grade  certificates  will  be  ex- 
amined in  all  the  foregoing  branches,  and  also  in  alge- 
bra, natural  philosophy,  plane  geometry,  school  laAvs  of 
Alabama,  and  the  theory  and  practice  of  teaching. 

11.  The  examination  in  penmanship  will  be  of  such  a 
nature  that  a  teacher  who  is  familiar  with  any  system 
can  take  it. 

12.  Letters  or  papers  of  any  other  character  should 
not  be  enclosed  with  answer  papers. 

13.  Applicants  who  are  absent  at  the  beginning  of 
the  examination  must  not  be  admitted  to  the  examina- 
tion. 

14.  Superintendents  shall  distribute  questions  on  a 
given  subject  to  all  applicants  at  the  same  time,  and  no 
other  questions  shall  be  distributed  until  all  who  are  an- 
swering these  questions  shall  have  completed  and  turned 
in  their  papers.  For  instance,  the  third  grade  orthogra- 
phy papers  mil  be  distributed,  and  no  other  third  grade 
questions  will  be  distributed  until  all  third  grade  appli- 
cants have  completed  orthography.  So  with  the  other 
subjects.  The  schedule  sent  to  the  superintendent  or  ex- 
aminer by  the  Board  of  Examiners  must  be  strictly  ad- 
hered to  in  conducting  the  examination.  If  an  appli- 
cant absents  himself  from  the  room  before  any  subject 
is  competed  he  will  hand  in  his  paper  on  that  subject, 
which  will  be  his  examination. 

15.  No  question  prescribed  by  the  State  Board  of  Ex- 
aminers shall  be  set  aside,  nor  shall  queries  regarding 

*See  Paige  78  of  this  Pamphlet. 


54 

the  interpretation  of  questions  be  answered  by  the  coun- 
ty superintendent  or  examiner. 

16.  In  case  the  county  superintendent  wishes  to  take 
the  examination,  he  will  appoint  some  other  competent 
person  to  conduct  the  examination,  and  this  person  so 
appointed  shall  have  all  the  powers  and  duties  of  the 
county  superintendent  as  to  collecting  fees,  papers,  etc., 
and  returning  the  answer  papers  to  the  Secretary  of  the 
State  Board  of  Examiners.  It  is  suggested  whenever  a 
county  superintendent  takes  the  examination,  either  for 
a  grade  or  life  certificate,  that  he  have  nothing  to  do 
with  the  papers,  but  that  he  turn  the  matter  over  entirely 
to  the  person  he  appoints  to  conduct  the  examination. 

17.  The  Board  of  Examiners  suggests  that  white  and 
colored  teachers  be  examined  in  separate  rooms,  with 
connecting  doors,  if  possible. 

18.  It  will  be  necessary  in  a  majority  of  counties  for 
the  county  superintendent  to  procure  a  room  with  desks 
for  the  purpose  of  examination.  The  school  buildings 
or  other  suitable  plaees  can  be  easily  obtained  for  this 
purpose. 

19.  County  superintendents  will  send  to  the  Secretary- 
of  the  State  Board  of  Examiners  the  names  of  all  teach- 
ers in  separate  school  districts  who  are  exempt  from  ex- 
amination under  rule  1  of  the  State  Board  of  Examiners, 
where  these  districts  draw  their  funds  through  them. 

20.  Under  the  law  assistants  as  well  as  principals 
will  have  to  procure  certificates,  and  county  superintend- 
ents are  urged  to  see  that  no  principal  draws  public 
money  unless  all  his  assistants  who  teach  common  school 
branches  have  certificates.  This  department  will  not  ap- 
prove pay  rolls  for  principals  unless  the  names  of  their 
assistants  are  on  the  register  on  file  in  the  department  of 
education. 

21.  County  superintendents  will  give  notice  through 
the  county  press,  or  in  some  other  way,  of  the  time  and 
place  at  which  the  examinations  will  be  had. 


00 


22.     If  it  should  happen  that  not  enough  papers  on 
any  subject  have  been  sent,  county  superintendents,  or 
other  person  appointed  to  conduct  the  examinations,  Avill 
allow  the  papers  to  be  passed  among  the  applicants. 
STATE  BOAED  OF  EXAMINERS: 

Isaac  W.  Hill,  President, 
Wm.  F.  Feagin,  Secretary, 
J.  NiCHOLENE  Bishop,  Member. 


An  Act 


To  fix  the  minimum  length  of  the  term  of  the  free  pub- 
lic schools  in  the  State  of  Alabama. 

Section  1. — Be  it  enacted  by  the.  General  Assembly 
of  Alabama,  That  the  free  public  schools  of  the  State 
shall  be  kept  open  absolutely  free  of  tuition  fee  to  those 
entitled  to  share  in  the  distribution-  of  the  common 
school  fund,  for  a  period  of  at  least  five  scholastic 
months  in  each  scholastic  year. 

Sec.  2. — Be  it  further  enacted,  That  it  shall  be  unlaw- 
ful for  any  township  or  district  trustee  to  make  or  any 
county  superintendent  of  education  to  approve  a  con- 
tract for  a  less  period  than  five  months,  provided  that 
contracts  for  unexpired  terms  may  be  made  for  a  less 
period;  provided,  that  where  it  is  found  absolutely  im- 
practicable to  make  the  t^rm  five  months,  trustees  may, 
with  the  consent  of  the  county  superintendent  and  the 
approval  of  the  State  superintendent  of  education,  make 
the  term  for  not  less  than  four  scholastic  months. 

Sec.  3. — Be  it  further  enacted,  That  the  object  of  this 
act  is  to  set  the  minimum  length  of  the  term  for  which  a 
contract  to  teach  the  free  public  schools  of  the  State  can 
be  made,  and  it  shall  be  the  duty  of  trustees  and  county 
superintendents  to  make  the  terms  longer  whenever  and 
wherever  it  is  possible. 

Sec.  4, — Be  it  further  enacted.  That  all  laws  and  parts 
of  laws  in  conflict  with  the  provisions  of  this  act  be  and 
the  same  are  hereby  repealed. 

Approved  March  5,  1901. 


56 

An  Act 

To  repeal  section  3586  of  the  Code  of  Alabama,  and  to 
require  holders  of  diplomas  or  certificates  of 
proficiency  from  the  State  Normal  Schools  and 
Colleges,  or  from  other  schools  and  colleges,  to 
undergo  the  State  examination  for  license  to 
teach  in  the  public  schools  before  teaching  in  the 
public  schools  of  the  State  of  Alabama. 

Section  1. — Be  it  enucted  hy  the  General  Assembly  of 
Alabama^  That  on  and  after  the  passage  of  this  act  Sec- 
tion 3586  of  the  Code  of  Alabama  be  and  the  same  is 
hereby  repeaed. 

Sec.  2. — Be  it  f mother  enacted,  That  all  holders  of  di- 
plomas or  certificates  of  proficiency  from  the  Alabama 
State  Normal  Schools!  or  Colleges,  or  from  other  schools 
and  colleges,  must  undergo  successfully  the  regular 
State  examination  for  teachers  in  the  public  schools  be- 
fore teaching  the  same. 

Sec.  Z.—Be  it  further  enacted.  That  all  laws  and  parts 
of  laws  and  special  laws  in  conflict  with  this  act,  be  and 
tlie  same  are  hereby  repealed. 


An  Act 

To  amend  Section  3602  of  the  Code  of  Alabama. 

Section  1. — Be  it  enacted  hy  the  General  Assembly  of 
Alabama,  That  Section  3602  of  the  Code  of  Alabama  be 
ainended  so  as  to  read  as  follows,  to-wit:  3602  (1005). 
Contingent  expenses  and  amount  for  normal  school  set 
apart;  residue  apportioned.  As  soon  as  such  certificate 
is  received  by  the  superintendent  of  education,  he  shall 
set  apart  out  of  the  general  fund  a  sufficient  amount  to 
pay  such  expenses  of  the  department  of  education  as  are 
by  law  payable  out  of  such  fund,  and  also  the  follow- 
ing amounts  for  the  normal  schools,  to-wit:     For    the 


Ui 


Normal  Schools  at  Florence,  Troy,  Jacksonville,  and  at 
Livingston,  |10,000  each,  and  for  the  other  normal 
schools  such  sums  as  are  provided  by  law ;  and  he  shall 
then  apportion  all  the  remainder  of  such  fund,  as  nearly 
as  practicable,  among  the  several  townships  and  school 
districts  in  the  State,  as  hereinafter  provided. 

Sec.  2. — Be  it  further  enacted^  That  all  laws  and  parts 
of  laws  in  conflict  with  this  act  be,  and  the  same  are  here- 
byq  repealed. 

Approved  September  9,  1903. 


FORMS  TO  BE  USED  IN  THE  SALE  OR  LEASE  OF 
SIXTEENTH  SECTION  LANDS. 

[No.  1.] 

NOTE  GIVEN  BY  PURCHASER  OF  SCHOOL  LANDS. 
I 

year  after  date,  we  either  of  us,  prom- 
ise to  pay  to  the  State  of  Alabama,  for  the  use  of  town- 
ship   ,  range ,  in county,  the 

sum  of dollars,  with  interest  from  date  at 

eight  per  cent,  per  annum,  for  the  purchase  of 

(specify  legal  subdivsions)    of  section 

sixteen  of  said  township. 

Witness  our  hands  and  seals,  this dav  of 

\..  [Seal.] 

[Seal.] 

[Seal.] 

Approved  this .....] 

day  of 190.. J 


ToAvnship  Trustees  Public  Schools. 


58 

[No.  2.] 

The  State  of  Alabama^ 

County. 

A.  D.  190.. 

The  undersigned,  township  trustees  of  public  schools 

in  and  for  township   ,  range ,  in 

said  county,  hereby  certify  that  on  the ....  day  of 

A.  D.  190.  .,  they  proceed  to  sell  at  public  outcry  (all 
the  preliminary  requisites  "of  the  law    in    reference    to 

such  sale  having  been  complied  with ) ,  Lot  No 

being  the northeast  quarter  of  northwest  quar- 
ter of  section  sixteen,  in  said  township,  containing 
acres,  and  at  said  sale being  the 


highest  bidder,  became  the  purchaser  of  said  tract,  and 

for  the  sum  of dollars,  for  which  he  gave 

his several  notes,  each  for ^.  .dollars 

with  interest  from  date  of  said  sale,  with 

and as  his  sureties. 


Township  Trustees  Public  Schools. 
[No.  3.] 

REPORT  OF  SALE  OF  SCHOOL  LANDS. 

To 

Superintendent  of  Education 

for  the  State  of  Aabama. 
The  undersigned,  Township  Trustees  of  public  schoolfs 

in  and  for  township. . . .,  range , county, 

Alabama,  respectfully  represent  and  report  that  on  the 

....  day  of 190 .  . . . ,  they  proceeded 

to  sell  at  public  outcry  (all  the  preliminary  requisites 
of  the  law  in  reference  to  such  sale  having  been  complied 

with) ,  Lot  No being  the (the  northeast 

quarter  of  northwest  quarter  of  as  the  case  may  be) 


59 

acres;  that  at  said  sale 

being  the  highest  bidder,  became  the  purchaser  of  said 

tract,  at  and  for  the  sum  of dollars 

(said  sum  being  at  or  above  the  ndnimum  price  fixed  on 

said  tract)  for  which  he  gave  his several  notes, 

each  for  dollars,  with  interest  from 

date  of  sale  at  eight  per  cent,  per  annum,  with 

and 

as  his  sureties.    That  said paid  in 

cash  the  sum  of dollars.    The  under- 
signed retained  the  sum  of dollars  from 

such  cash  payment  to  defray  the  expenses  of  the  survey 

and  sale  of  said  lands,  and  the  balance  to-wit: 

dollars,  together  with  said  notes 


above  described,  is  herewith  enclosed. 
All  of  Avhich  is  respectfully  submitted. 
This dav  of 190. . 


Township  Trustees  Public  Schools. 

[No.  4.] 

bond  to  be  given  by  township  trustees  about  to  sell 
or  lease  school  lands. 

The  State  of  Alabama, 
County. 

Know  all  men  by  these  presents.  That  we 

are  held  and  firmly 

bound  unto  the  State  of  Alabama  in  tlie  sum  of 

dollars,  for  the  payment  of 

^^  liich  well  and  truly  to  be  made,  we  bind  ourselves  and 
each  of  us,  our  and  each  of  our  heirs,  executors  and  ad- 
ministrators, jointly  and  severally,  firmly  by  these  pres- 
ents.   Sealed  with  our  seals,  and  dated  this day 

of A.  D.  190... 

The  condition  of  the  above  obligation  is  such  that 
whereas,  the  above  bound were  on 


60 

the day  of ,  appointed  Town- 
ship Trustees  of  public  schools,  in  and  for  toTVTiship .... 

range in  said  county;  and  whereas,  the  said.  . . . 

as  such  township  trustees  of  pub- 
lic schools,  are  about  to  sell  (or  lease)  school  lands  of 
said  township. 

Now,  if  the  said as  such 

township  trustees  of  public  schools,  shall  discharge 
their  duty  faithfully,  so  long  as  they  may  continue  in 
office,  or  continue  to  discharge  any  of  such  duties,  then 
ihis  obligation  to  be  void — otherwise  to  remain  in  full 
force. 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

Taken  and  approved  this,  .day  of .  A.  D.  190. . 


County  Superintendent  of  Education. 

[No.  5.] 
lease  of  school  lands. 

The  State  of  Alabama, 
County. 

This  agreement,  made  this  ....  day  of 

A.  D.  190. .  between  and 

,  township  trustees  of 

public  schools  in  and  for  township  .  . .  .,  range  . . . .,  in 

said  county,  and   witnesseth, 

that  in  consideration  of dollars,  to 

be  paid  by  said to  the  town- 
ship trustees  of  public  schools  for  said  township,  on  the 

day  of A.  D.  190 ,  and  each  year 

thereafter  during  the  continuance  of  the  lease,  for  which 

the  said has  given^  his  several  promissory 

notes  payable  as  aforesaid,  and  bearing  even  date  with 


61 

this  instrument,  the  said  township  trustees  have  grant- 
ed, demised,  leased,  and  to  farm  let,  unto  the  said 

,  his  representatives  and  assigns, 

section  sixteen  (or  southeast  quarter  of  the  southwest) 
quarter  of  section  sixteen,  as  the  case  may  be),  in  said 
township,  in  said  county  and  State ;  to  have  and  to  hold 
unto  the  said ,  his  representatives  and  as- 
signs, for  the  term  of (not  exceeding  five) 

years,  from  the  ....  day  of 190 . . .    The 

said agrees  to  deliver  up  the 

premises  aforesaid  with  the  appurtenances,  on  the  last 
day  of  the  term,  or  other  earlier  termination  of  the  es- 
tate hereby  granted,  to  the  said  township  trustees  or 
their  successors  in  oifice.  In  witness  whereof,  the  said 
parties  have  hereunto  set  their  hands  and  seals  the  day 
and  year  above  written. 
Attest : 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

Township  Trustees. 


62 

No.  164.)  AN  ACT  (S.  127 

^J'o  create  a  Text-Book  Commission,  and  to  procure  for 
use  in  the  public  schools  in  this  State  a  uniform  se- 
ries of  text  books;  to  define  the  duties  and  powers 
of  said  commisssion  and  other  officers ;  to  make  an 
appropriation  for  the  carrying  into  effect  this  act, 
and  to  provide  punishment  and  penalties  for  the 
violation  of  the  same. 

Section  1. — Be  it  enacted  by  the  Legislature  of  Ala- 
bama, That  the  governor.  State  superintendent  of  edu- 
cation, and  three  eminent  teachers  of  the  State,  who 
shall  have  a  practical  knowledge  of  the  public  school 
system  of  the  State  and  the  methods  of  teaching  therein, 
to  be  appointed  by  the  governor,  shall  be  and  hereby  con- 
stituted the  School  Book  Commission  of  the  State  of 
Alabama,  whose  duty  it  is  to  select  and  adopt  a  uniform 
series  or  system  of  text-books  for  use  in  the  public 
schools  of  this  State.  Said  commission  is  hereby  au- 
thorized, empowered,  and  directed  to  select  and  adopt  a 
uniform  system  or  series  of  text-books  for  use  in  the 
public  schools  in  this  State  as  above  indicated,  and  when 
so  selected  and  adopted  the  said  text  books  shall  be  used 
for  a  period  of  five  years  in  all  the  public  schools  of  this 
State,  and  it  shall  not  be  lawful  for  any  school  officer, 
director  or  teacher,  to  use  any  other  books  upon  the 
same  branches  other  than  those  adopted  by  said  State 
Text  Book  Commission.  Said  uniform  series  shall  in- 
clude the  following  branches  of  study,  to-wit:  Orthog- 
raphy, reading,  writing,  arithmetc,  geography,  gram- 
mar, language  lessons,  history  of  Alabama  containing 
the  Constitution  of  the  State,  history  of  the  United 
States,  physiology  and  hygiene,  elementary  geology  of 
Alabama,  elementary  principles  of  agriculture,  ele- 
ments of  algebra,  elements  of  plane  geometry,  elements 
of -natural  philosophy,  bookkeeping,  elements  of  civil 
government,    rhetoric    and   higher   English,    and   such 


63 

other  branches  of  study  as  said  commission  may  select 
and  designate;  Provided,  that  none  of  said  text  books 
shall  contain  anything  of  a  partisan  or  sectarian  charac- 
ter. Before  transaeting  any  business  relating  to  the 
duties  of  this  commission  they  shall  each  take  an  oath 
before  some  person  authorized  to  administer  oaths,  to 
faithfully  discharge  all  the  duties  imposed  upon  them 
as  members  of  said  school  book  commission,  and  that 
they  have  no  interest,  direct  or  indirect,  in  any  contract 
that  may  be  made  under  this  act,  and  will  receive  no 
personal  benefit  therefrom. 

Provided,  further,  that  for  cities  and  towns  having  a 
population  of  5,000  or  more,  said  commission  may  select 
and  designate  such  books  and  such  branches  of  study  as 
the  conditions  existing  in  such  cities  arid  towns  may  re- 
quire. 

Section  2. — There  shall  be  a  sub-commission  of  five 
to  be  selected  as  follows:  A  president  or  member  of 
the  faculty  of  one  of  the  normal  schools  of  the  State;  a 
president  or  member  of  the  faculty  of  one  of  the  agri- 
cultural schools;  a  superintendent  of  one  of  the  city 
schools;  and  two  teachers  of  the  common  schools,  each 
one  of  whom  shall  be  appointed  by  the  governor. 

Section  o. — It  shall  be  the  duty  of  said  sub-commis- 
sion to  report  to  the  commission  at  such  time  said  com- 
mission shall  direct,  the  books  which  they  recommend 
for  adopton,  arranging  each  book  in  its  class  or  divis- 
ion, and  reporting  them  in  the  order  of  their  merit, 
pointing  out  the  merits  or  demerits  of  each  book,  and  in- 
dicating w^hat  book  they  recommend  for  adoption  first; 
what  book  is  their  second  choice;  and  what  their. third 
choice,  and  so  on,  pursuing  this  plan,  with  the  books 
submitted  upon  each  branch  of  study,  and  if  said  sub- 
commission  shall  consider  such  books  upon  the  same 
subject,  or  of  the  same  class  or  division  of  approxi- 
mately equal  m(Tit,  all  things  being  equally  considered, 
they  shall  so  report,  and  if  they  consider  any  of  the 
li</o];s  offered  are  of  such  class  as  to  make  them  inferior 
and  not  worthy  of  adoption,  they  shall  in  their  report  so 
d(^signate  such  books,  and  in  said  report  they  shall  make 
j«uch  recommendation  and  suggestions  to  the  commis- 


64 

sion  as  thej  shall  deem  advisable  and  proper  to  make. 
Said  report  shall  be  kept  secret  and  sealed  up  and  de- 
livered to  the  secretary  of  the  commission  and  said  re- 
port shall  not  be  opened  by  any  member  of  the  commis- 
sion until  the  commission  shall  meet  in  executive  ses- 
sion to  open  and  consider  the  bids  or  proposals  of  pub- 
lishers or  others,  desiring  to  have  books  adopted  by  said 
commission.  Each  member  of  said  sub-commission  be- 
fore entering  upon  the  discharge  of  his  duties,  shall  take 
and  subscribe  an  oath  to  honestly,  conscientiously,  faith" 
fully,  and  to  the  best  of  his  ability  discharge  said  du- 
ties, and  that  he  is  not  directly  or  indirectly  in  any  man- 
ner interested  in  the  proposed  contract,  nor  in  any  books 
or  publishing  concern  publishing  any  books  of  the  kind 
or  character  contemplated  for  use  in  the  public  schools 
of  this  or  any  other  State,  and  that  he  will  examine  all 
books  submitted  carefully  and  faithfully  and  make  true 
report  thereon,  as  herein  directed  and  prescribed,  said 
oath  shall  be  filed  in  the  office  of  said  secretary  of  State. 
Section  4. — Said  text  book  commission  shall  herein 
consider  said  report  in  its  selection  and  adoption  of  the 
uniform  series  of  text  books,  and  shall  also  themselves 
consider  the  merits  of  each  book,  taking  into  considera- 
tion their  subject-matter,  the  printing,  binding,  mate- 
rial and  mechanical  qualities,  and  their  general  suitabil- 
ity and  desirability  for  the  purpose  intended  as  well  as 
the  price  of  said  books,  and  they  shall  give  great  con- 
sideration and  weight  to  the  report  and  recommendation 
of  said  sub-commission;  Provided,  That  no  text-book, 
the  subject  matter  of  which  is  of  inferior  quality,  shall 
be  adopted  by  the  text  book  commission.  Said  commis- 
sion shall  select  and  adopt  such  books  as  will,  in  their 
best  judgment,  accomplish  the  ends  desired,  and  they 
are  hereby  authoiized  and  directed,  in  case  any  book  or 
books  are  deemed  by  them  suitable  for  adoption  and 
more  desirable  than  other  books  of  the  same  class  sub- 
mil  (ed,  and  they  further  consider  the  price  at  which  the 
books  are  offered  to  be  unreasonably  high  and  that  they 
should  be  offered  at  a  smaller  price,  to  immediately  no- 
tify the  publisher  or  offer  of  such  book  or  books  of  their 
decision  and  request  such  reduction  in  price  as  they 


65 

deem  reasonable  and  just,  and  if  the}^  and  such  pubisher 
shall  agree  on  a  price  they  may  adopt  his  book  or  books, 
but  if  not  they  shall  use  their  own  sound  judgment  and 
discretion  whether  they  will  adopt  that,  or  the  books 
which  are  deemed  by  them  next  best  in  the  list  submit- 
ted, and  when  said  text  book  commission  shall  have 
finished  with  the  report  of  said  sub-commission,  the  said 
report  shall  be  filed  and  preserved  in  the  office  of  the 
State  Superintendent  of  Education,  and  shall  be  open  at 
all  times  for  public  inspection. 

Section  5. — B^  it  further  enacted.  That  said  text  book 
Commission  shall  immediately  after  the  passage  of  this 
act,  meet  and  organize,  the  governor  being  president  of 
the  commission  and  the  superintendent  of  educaton  sec- 
retar^"  and  executive  officer  of  said  commission.  As 
soon  as  practicable,  not  later  than  thirty  days  after  its 
organizaton,  the  commission  shall  advertise,  in  such 
manner  and  for  such  length  of  time  and  at  such  places 
as  may  be  deemed  advisable  that  at  a  time  and  place 
fixed  definitely  in  said  advertisement,  sealed  bids  or 
proposals  will  be  received  from  the  publishers  of  school 
text  books  for  furnishing  books  to  the  public  schools  in 
the  State  of  Alabama,  through  agencies  established  by 
said  publishers  in  the  several  counties,  and  places  in 
counties  in  the  State,  as  may  be  provided  for  in  such  reg- 
ulations as  said  commission  may  adopt  and  prescribe. 
The  bids  or  proposals  to  be  for  furnishing  the  books  for 
a  period  of  five  years  and  no  longer,  and'  that  no  bid  for 
a  longer  period  will  be  considered,  said  bill  shall  state 
specifically  and  definitely  the  price  at  which  the  books 
will  be  furnished,  and  shall  be  accompanied  by  one  or 
more  specimen  copies  of  each  and  every  book  proposed 
to  be  furnished,  and  it  shall  be  required  of  each  bidder 
to  deposit  with  the  treasurer  of  the  State  a  sum  of  money 
such  as  the  commission  may  require,  not  less  than  five 
hundred  dollars^  nor  more  than  twenty -five  hundred  dol- 
lars, according  to  the  number  of  books  each  bidder  may 
propose  to  supply,  and  notice  shall  further  be  given  in 
said  advertisement  that  such  deposits  shall  be  forfeited 
absolutely  to  the  State  if  the  bidder,  making  the  deposit 
shall  fail  or  refuse  to  make  and  execute  such  contract 

3 


66 

and  bond  as  is  hereinafter  required,  within  such  time 
as  the  commission  may  require,  which  time  shall  also  be 
stated  in  said  advertisemeiut.  All  bids  shall  be  sealed 
and  deposited  with  the  Secretary  of  State,  to  be  by  him 
delivered  to  the  commission  when  they  are  in  executive 
session,  for  the  purpose  of  considering  the  same,,  when 
they  shall  be  opened  in  the  presence  of  the  commission. 
Section  6. — Be  it  further  enacted.  That  it  shall  be  the 
duty  of  the  said  text  book  commission  to  meet  at  the 
time  and  place  designated  in  such  notice  or  advertise- 
ment and  take  out  the  sample  or  specimen  copies  sub- 
mitted, upon  which  the  bids  are  based  and  refer  and  sub- 
mit these  to  the  sub-commission  as  provided  for  and 
directed  in  previous  section  of  this  act,  with  instructions 
to  said  sub-commission  to  report  back  to  them  at  a  time 
specified,  with  their  report,  classification  and  recom- 
mendation as  provided  in  previous  section  of  this  act. 
When  the  said  report  is  submitted  it  shall  be  the  duty 
of  said  text  book  commission  to  meet  in  executive  session 
to  open  and  examine  all  sealed  proposals  submitted  and 
received  in  pursuance  of  the  notice  or  advertisement 
provided  for  in  Section  2  of  this  act.  It  shall  then  be 
the  duty  of  said  commission  to  examine  and  consider 
carefully  all  such  bids  or  proposals,  together  with  the 
report  and  recommendation  of  the  sub-commission  and 
determine  in  the  manner  provided  in  Section  1  of  this 
act  what  book  or  books  shall  be  selected  for  adoption, 
taking  into  consideration  the  size,  quality  as  to  subject- 
matter,  material,  printing,  binding,  and  the  mechanical 
execution  and  price,  and  the  general  suitability  for  the 
purpose  desired  and  intended;  provided,  however.  That 
all  books  selected  or  adopted  shall  be  written  or  printed 
in  English.  After  their  selection  for  adoption  shall 
have  been  made,  the  said  commission  shall,  by  registered 
letter,  notify  the  publishers,  or  proposers,  to  whom  the 
contracts  have  been  awarded,  and  it  shall  be  the  duty  of 
the  attorney-general  of  the  State  to  prepare  the  said 
contract  or  contracts  in  accordance  with  the  terms  and 
provisions  of  this  act,  and  the  said  contract  shall  be  exe- 
cuted by  the  Governor  and  Secretary  of  State,  with  the 
seal  of  the  State  attached  upon  the  part  of  the  State  of 


67 

Alabama,  and  the,  said  contract  shall  be  executed  tripli- 
cate, one  copy  to  be  kept  by  the  contractor,  one  copy  by 
the  secretary  of  the  text  book  commission,  and  copied  in 
full  in  the  minute  book  of  said  commission,  and  one  copy 
to  be  filed  in  the  office  of  Secretary  of  State,  at  the  time 
of  the  execution  of  the  contract  aforesaid  the  contrac- 
tors shall  enter  into  a  bond  in  the  sum  of  not  less  than 
ten  thousand  dollars,  nor  more  than  thirty  thousand 
dollars,  'payable  to  the  State  of  Alabama  the  amount  of 
said  bond  within  said  limits,  to  be  fixed  by  said  commis- 
sion, conditioned  for  the  faithful,  honest  and  exact  per- 
formance of  his  contract,  and  shall  further  provide  for 
the  payment  of  reasonable  attorney's  fees  in  case  of  re- 
covery in  any  suit  upon  the  same,  with  three  or  more 
good  and  solvent  sureties,  actual  citizens  and  residents 
of  the  State  of  Alabama,  or  any  guaranty  company  au- 
thorized to  do  business  in  the  State  of  Alabama  may  be- 
come the  surety  on  said  bond,  and  it  shall  be  the  duty  of 
the  attorney-general  to  prepare  said  bond  and  approve 
the  same;  Provided,  however.  That  said  bond  shall  not 
be  exhausted  by  a  single  recovery,  but  may  be  sued  on 
from  time  to  time,  until  the  full  amount  thereof  shall  be 
recovered,  and  the  said  commission  may  at  any  time,  by 
giving  thirty  days'  notice,  require  additional  security  or 
additional  bond  within  the  limits  prescribed  And 
when  any  person,  firm  or  corporation  shall  have  been 
awarded  a  contract  and  submitted  therewith  the  bond 
as  required  hereunder  the  commission,  through  its  secre- 
tary, shall  so  inform  the  treasurer  of  the  State,  and  it 
shall  be  the  duty  of  the  treasurer  to  return  to  such  con- 
tractor the  cash  deposit  made  by  him,  and  the  said  com- 
mission, through  its  secretary,  shall  inform  the  treasurer 
of  the  names  of  the  unsuccessful  bidders  or  proposers, 
and  the  treasurer  shall  upon  receipt  of  this  notice  return 
to  them  the  amount  deposited  in  cash  by  them  at  the 
time  of  the  submission  of  their  bid,  but  should  any  per- 
son, firm,  company  or  corporation  fail  or  refuse  to  exe- 
cute the  contract,  and  submit  therewith  his  bond  as  re- 
quired by  this  act  within  thirty  days  of  the  awarding  of 
the  contract  to  him  and  the  mailing  of  the  registered 
letter  containing  the  notice,  provided  the  mailing  of  the 


68 

registered  letter  shall  be  suflScient  evidence  that  the  no- 
tice was  given  and  received,  the  cash  deposit  will  be 
deemed,  and  is  hereby  declared  forfeited  to  the  State  of 
Alabama,  and  it  shall  be  the  duty  of  the  treasurer  to 
place  said  cash  deposit  in  the  treasury  of  the  State  to  the 
credit  of  the  general  school  fund,  and  provided,  further, 
that  any  recovery  had  on  any  bond,  given  by  any  con- 
tractor, shall  enure  to  the  benefit  of  the  said  fund  of  the 
State,  and  when  collected'  shall  be  placed  in  the  'treasurv^ 
to  the  credit  of  the  said  fund  and  be  prorated  among  the 
several  counties  of  the  State. 

Section  7. — Be  it  further  enacted.  That  the  books  fur- 
nished under  any  contract  shall  at  all  times  during  the 
existence  of  the  contract  be  equal  to,  in  all  respects,  the 
specimens  or  sample  copies  furnished  with  bids;  and  it 
shall  be  the  duty  of  the  Secretary  of  State  to  carefully 
preserve  in  his  office  as  the  standard  of  quality  and  ex- 
cellence to  be  maintained  in  such  books  during  the  con- 
tinuance of  such  contracts  the  specimen  or  sample  cop- 
ies of  all  books  which  have  been  the  basis  of  any  con- 
tract, together  with  the  original  bid  or  proposal  and  the 
contractor  shall,  also,  furnish  each  county  superintend- 
ent of  education  like  specimen  or  sample  copies  which 
shall  be  preserved  by  him  in  like  manner,  and  the  same 
shall  always  be  open:  to  the  inspection  of  the  public.  It 
shall  be  the  duty  of  all  contractors  to  print  plainly  on 
the  back  of  each  book  the  contract  price,  as  well  as  the 
exchange  price  at  which  it  is  agreed  to  be  furnished,  but 
the  books  submitted  as  sample  or  specimen  copies  with 
the  original  bids  shall  not  have  the  price  printed  on  them 
before  they  are  snbmitted  to  the  sub-commission.  And 
the  said  text  book  commission  shall  not  in  any  case,  con- 
tract with  any  person  or  publisher  for  the  use  of  any 
books  which  are  to  be  sold  to  patrons  for  use  in  any  pub- 
lic school  in  this  State,  at  a  price  above  or  in  excess  of 
the  price  at  which  such  book  or  books  are  furnished  by 
said  person  or  publisher  under  contract  to  any  State, 
county,  or  school  district  in  the  United  States,  under 
like  conditions  prevailing  in  this  State  and  under  this 
act.  And  it  shall  be  stipulated  in  each  contract  that  the 
contractor  has  never  furnished  and  is  not  now  furnish- 


09 

ing  under  contract  any  State,  county  or  school  district 
in  the  United  States,  where  like  conditions  prevail  as  are 
prevailing  in  this  State  and  undef*  this  act  the  same  book 
or  books  as  are  embraced  in  said  contract  at  a  price  be- 
low or  less  than  tlie  price  stipulated  in  the  said  contract, 
and  the  said  commission  is  hereby  authorized  and  di- 
rected, at  any  time  they  may  find  that  any  book  has  been 
furnished  at  a  lower  price  under  contract  to  any  State, 
county  or  school  district  aforesaid  to  sue  upon  the  bond 
of  said  contract  and  recover  the  difference  between  the 
contract  price  and  the  lower  price  at  which  they  find  the 
book  or  books  have  been  sold,  and  in  case  a  contractor 
shall  fail  to  execute  specifically  the  terms  and  provisions 
of  his  contract,  said  commission  is  hereby  authorized, 
empo\A'ered  and  directed  to  bring  suit  upon  the  bond  of 
such  contractor  for  the  recovery  of  all  damages,  the  suit 
to  be  in  the  name  of  the  State  of  Alabama  and  the  re- 
covery for  the  benefit  of  the  public  school  fund,  but  noth- 
ing in  this  act  shall  be  construed  so  as  to  prevent  said 
commission  and  any  contractor,  agreeing  thereto,  from 
in  an^^  manner  changing  or  altering  any  contract,  pro- 
vided that  a  majority  of  the  commission  shall  agree  to 
the  change  and  think  it  advisable  and  for  the  best  inter- 
est of  the  public  schools  of  this  state.  In  all  matters  a 
majority  of  said  commission  shall  control. 

Section  8.- — Be  it  further  enacted.  That  it  shall  be  al- 
ways a  part  of  the  terms  and  conditions  of  every  contract 
made  in  pursuance  of  this  act  that  the  State  of  Alabama 
shall  not  be  liable  to  any  contractor,  in  any  manner  in 
any  sum  whatever,  but  all  such  contractors  shall  receive 
their  pay  or  consideration  in  compensation  solely  and 
exclusively  derived  from  the  proceeds  of  tlie  sale  of 
books,  as  provided  for  in  this  act.  Provided  further, 
Tl}at  till  commission  shall  stipulate  in  the  con- 
tract for  the  supplying  of  any  book  as  herein 
provided  that  the  contractor  or  contractors  shall 
take  up  the  school  books  now  in  use  in  this 
St^te  and  receive  the  same  in  exchange  for  new 
book^  at  a  price  not  less  than  50  per  cent  of  the  contract 
price.  Provided,  Such  exchange  period  shall  not  con- 
tinue longer  than  one  year  from  the  date  of  the  contract. 


TO 

And  each  person  or  publisher  making  a  bid  for  the  sup- 
plying of  any  book  or  books  under  this  act,  shall  state 
in  such  bid  or  proposal  the  exchange  price  at  which  such 
book  or  books  will  be  furnished. 

Section  9. — Be  it  further  enacted,  That  the  text  book 
commission  shall  have  and  reserve  the  right  to  reject  any 
and  all  bids  or  proposals  if  they  shall  be  of  the  opinion 
that  ai]y  or  all  should  for  any  reason  be  rejected.  And 
in  case  they  fail  from  among  the  bids  or  proposals  to 
select  or  adopt  any  book  or  books  upon  any  of  the 
branches  mentioned  in  previous  section  of  this  act,  they 
may  readvertise  for  sealed  bids  or  proposals  under  the 
same  terms  and  conditions  as  before  and  proceed  in  their 
investigation  in  all  respects  as  they  did  in  the  first  in- 
stance, and  as  required  by  the  terms  and  provisions  in 
this  act,  or  they  may  advertise  for  sealed  bids  or  pro- 
posals from  authors  or  publishers  of  text  books  who 
have  manuscripts  of  books  not  yet  published,  for  prices 
at  which  they  will  publish  and  furnish  in  book  form 
such  manuscripts  or  for  prices  at  which  they  will  sell 
such  manuscripts,  together  with  the  copyright  with  such 
books  for  use  in  the  public  schools  in  Alabama,  proceed- 
ing in  all  respects  in  like  manner  as  before;  and  provi- 
ded, that  before  accepting  or  rejecting  any  manuscript, 
it  shall  be  their  duty  to  take  the  manuscript  and  to  ad- 
vertise for  sealed  bids  or  proposals  for  publishing  the 
the  same  in  book  form,  in  like  manner  as  herein  provided 
for,  and  under  the  same  restriction  and  condition,  and 
the  contract  may  be  let  for  the  publication  of  all  such 
books  or  for  any  one  or  more  separately ;  and  provided, 
further,  that  the  State  itself  shall  not,  under  any  cir- 
cumstances, enter  into  any  contract  binding  it  to  pay 
for  the  publication  of  any  book  or  books,  but  in  the  con- 
tract with  the  owner  of  the  manuscript  it  shall  be  pro- 
vided that  he  shall  pay  the  compensation  to  the  pub- 
lisher for  the  publication  and  putting  in  book  form  the 
manuscript,  together  with  the  cost  and  expense  of  copy- 
righting the  same;  and  provided,  further,  that  in  all 
cases  bids  or  proposals  shall  be  accompanied  with  the 
cash  deposit  of  from  five  hundred  to  twenty-five  hundred 
dollars  as  the  commission  may  direct,  and  as  previously 


71 

provided  in  this  act.  And  it  is  further  expressly  provi- 
ded that  any  person,  firm  or  corporation  now  doing  busi- 
ness, or  proposing  to  do  business  in  the  State  of  Ala- 
bama, shall  have  the  right  to  bid  for  the  contract  to  be 
awarded  under  this  act  in  the  manner  as  follows :  In  re- 
sponse to  the  advertisement  when  made  as  herein  before 
provided,  said  person,  firm,  or  corporation  may  submit 
in  writing  bid  or  bids  to  edit  or  have  edited,  publish,  and 
supply  for  use  in  the  public  schools  in  this  State,  any 
book  or  books  herein  provided  for,  provided  that  instead 
of  filing  said  bid  or  proposal  a  sample  or  specimen  copy 
of  each  book  proposed  to  be  furnished,  he  may  exhibit  to 
the  commission  a  manuscript  or  printed  form  the  matter 
jiroposed  to  be  incorporated  in  any  book,  together  with 
such  a  description  and  illustration  of  the  form  and  style 
thereof,  as  would  be  fully  intelligible  and  satisfactory 
to  said  commission,  or  they  may  submit  a  book  or  books 
the  equal  of  which  in  every  way  they  propose  to  furnish 
and  they  shall  accompany  their  bid  or  proposal  with  the 
cask  deposit  and  execute  contract  and  bond  as  hereinbe- 
fore provided. 

Section  10. — Be  it  further  enacted.  That  as  soon  as 
said  commission  shall  have  entered  into  a  contract  or 
contracts  for  the  furnishing  or  supplying  of  books  for 
use  in  the  public  schools  in  this  State  it  shall  be  the  duty 
of  the  governor  to  issue  his  proclamation  announcing 
such  facts  to  the  people  of  the  State. 

Section  11. — Be  it  further  enacted.  That  the  party  or 
parties  with  whom,  the  contract  shall  he  made  shall  es- 
tablish and  maintain  two  or  more  depositories  in  the 
State,  to  be  designated  by  the  commission,  where  a  stock 
or  supply  of  the  books  sufficient  to  meet  all  the  immedi- 
ate demands  shall  be  kept.  There  shall  also  be  main- 
tained in  each  county  in  the  State  not  less  than  three 
agencies,  for  the  distribution  of  the  books  to  the  patrons^ 
to  be  located  and  designated  by  the  commission  and  the 
contractor  shall  be  permitted  to  make  arrangements 
with  a  merchant  or  other  person  for  the  handling  and 
distribution  of  the  books.  All  books  shall  be  sold  to  the 
con  sum. er  at  the  retail  contract  price,  and  in  each  book 
shall  be  printed  the  following:     (The  price  fixed  herein 


is  fixed  by  State  contract  and  deyiations  therefrom  shall 
be  reported  to  your  county  superintendent  of  education, 
or  the  State  superintendent  at  Montgomery. )  And  it  is 
expressly  provided  that  should  any  party  contracting 
to  furnish  books  as  proviided  for  in  this  act,  fail  to  fur- 
nish them  or  otherT\dse  breach  his  contract,  in  addition 
to  the  right  to  the  State  to  sue  on  the  bond  hereinabove 
required  the  county  superintendent  of  any  county  may 
sue  in  the  name  of  the  State  of  Alabama,  in  any  court  of 
competent  jurisdiction  in  the  county  in  which  he  re- 
sides for  the  use  and  benefit  of  the  school  fund  of  the 
county ;  Provided,  that  the  right  of  action  of  the  county 
superintendent  shall  be  limited  to  breaches  of  the  con- 
tract committed  in  the  county  of  his  residence,  and  pro- 
vided further,  that  in  all  cases  under  this  act  service  of 
process  may  be  had  and  deemed  sufficient  on  any  agent 
of  the  contractor  in  this  State. 

Section  12. — Be  it  further  enacted,  That  said  commis- 
sion may  from  time  to  timet  make  any  necessary  regula- 
tion not  contrary  to  the  provisions  of  this  act,  to  secure 
the  prompt  distribution  of  the  books  herein  provided  for 
and  the  prompt  and  faithful  execution  of  all  contracts, 
and  it  is  expressly  now  provided  that  said  commission 
shall  maintain  its  organization  during  the  five  years  of 
the  continuance  of  the  contract  and  after  the  expiration 
of  the  same  to  renew  such  of  them  as  they  deem  advisa- 
ble, or  re-advertise  for  new  bids  or  proposals  as  required 
by  this  act  in  the  first  instance,  and  enter  into  such  other 
contracts  as  they  deem  for  the  best  interests  of  the  pa- 
trons and  children  of  the  public  schools  of  this  State; 
ProAdded,  That  any  contract  entered  into  or  renewed 
shall  be  for  the  term  of  five  years. 

Section  13. — Be  it  further  enacted,  That  as  soon  as 
practicable  after  the  adoption  provided  for  in  this  act, 
the  State  Superintendent  of  Education  shall  issue  a  cir- 
cular letter  to  each  county  superintendent  of  education 
and  each  teacher  in  the  State,  and  to  such  others  as  he 
may  desire  to  send  it,  which  letter  shall  contain  the  list 
of  books  adopted,  the  prices,  location  of  agencies,  and 
manner  of  distribution  and  such  other  information  as 
he  mav  deem  necessars^ 


Section  14. — Be  it  further  enacted,  That  as  soon  after 
the  passage  of  this  act  as  may  be  practicable  and  the 
commission  may  deem  advisable,  the  books  adopted  as  a 
uniform  system  of  text  books  shall  be  introduced  and 
used  as  text  books  to  the  exclusion  of  all  others  in  all 
the  public  free  schools  in  this  State;  Provided,  That 
nothing  herein  shall  be  construed  to  prevent  the  use  of 
supplementary  books  such  as  may  be  prescribed  and  se- 
lected by  the  text  book  commission,  but  such  supple- 
mentary  books  shall  not  be  used  to  the  exclusion  of  the 
books  prescribed  or  adopted  under  the  provisions  of  this 
act;  Provided,  further,  that  nothing  in  this  act  shall  be 
construed  to  prohibit  the  use  in  public  schools  of  any 
text  book  upon  any  branch  mentioned  in  any  previous 
section  of  the  act,  where  the  commission  shall  select  or 
adopt  a  book  for  that  branch  or  subject;  Provided,  fur- 
ther. That  nothing  in  this  act  shall  prevent  the  teaching 
in  any  school  any  branch  higher  or  more  advanced  than 
is  embraced  in  Sijij  previous  section  of  this  act,  nor  the 
using  of  any  book  upon  such  higher  branch  of  study, 
provided  that  such  higher  branches  shall  not  be  taught 
to  the  exclusion  of  the  branches  mentioned  and  set  out 
in  this  act. 

Section  15. — Be  it  further  enacted,  That  nothing 
herein  shall  be  construed  to  prevent  or  prohibit  the  pa- 
trons of  the  public  schools  throughout  the  State  from 
procuring  books  in  the  usual  way  in  case  fio  contraci^ 
shall  be  made  or  the  contractor  fails  or  refuses  to  fur- 
nish the  books  provided  for  in  this  act,  at  the  time  re- 
quired for  their  use  at  the  respecive  schools. 

Section  16. — Be  it  further  enacted.  That  any  person 
or  teacher  violating  the  provisions  of  this  act,  shall  be- 
come  guilty  of  a  misdemeanor,  and  upon  conviction  be 
punished  by  a  fine  of  not  less  than  ten  dollars  nor  more 
than  fifty  dollars. 

Section  17. — Be  it  further  enacted.  That  any  teacher 
who  shall  use  or  permit  to  be  used  in  his  or  her  school 
any  text  book  upon  the  branches  embraced  in  this  act, 
where  the  commission  has  adopted  a  book  upon  that 
branch  other  than  the  one  so  adopted,  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  punished  as  pro- 
vided for  in  Section  16  of  this  act. 


Section  18. — Be  it  further  enacted,  That  if  any  local 
agent,  dealer,  clerk  or  other  person  handling  or  selling 
the  books  adopted  under  this  act,  shall  demand  or  re- 
ceive for  a  copy  of  any  of  the  books  herein  provided  for, 
more  than  the  contract  price,  in  cases  where  the  pur- 
chase is  for  cash,  he  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  for  each  offense  be  punished 
by  fine  of  not  less  than  fifty  nor  more  than  five  hundred 
dollars. 

Section  19. — Be  it  furthefr  enacted.  That  the  sum  of 
two  thousand  dollarsi  or  so  much  thereof  as  may  be  nec- 
essary to  be  paid  out  of  the  moneys  in  the  treasury  not 
otherwise  expended,  be  and  is  hereby  appropriated  for 
the  purpose  of  paying  the  cost  and  expense  of  carrying 
into  effect  the  provisions  of  this  act. 

Section  20. — Be  it  further  enacted,  That  the  Governor 
and  Superintendent  of  Education  shall  serve  on  the  com- 
mission without  compensation  and  the  other  members 
of  the  commission  and  the  sub-commission  shall  be  paid 
the  sum  of  four  dollars  per  day  during  thei  time  they  are 
actually  engaged,  not  to  exceed  thirty  days,  and  in  addi- 
tion shall  receive  ten  cents  per  mile  for  each  mile  trav- 
eled from  their  homiet  to  their  place  of  meeting  and  re- 
turn thereto,  to  be  paid  out  of  the  general  fund,  and 
they  shall  each  make  and  swear  to  a  statement  of  the 
number  of  miles  traveled  and  the  number  of  days  actu- 
ally engaged. 

Section  21. — Be  it  further  enacted.  That  the  said  sub- 
commission  is  authorized  to  appoint  a  clerk  who  shall 
have  three  dollars  per  diem  during  the  time  he  is  actu- 
ally engaged  not  to  exceed  thirty  days,  and  the  same 
mileage  as  is  allowed  the  sub-commission. 

Section  22. — Be  it  further  enacted.  That  the  adoption 
made  as  provided  for  in  this  act  shall  continue  for  five 
years  from  the  date  of  such  adoption;  Provided,  The 
provisions  of  this  act  shall  not  apply  to  those  counties 
that  have  adopted  a  uniform  system  of  text  books  for 
their  public  schools  and  have  contracted  for  a  supply  of 
such  text  books,  until  the  expiration  of  said  contracts 
respectively  unless  they  see  fit  sooner  to  accept  the  pro- 
visions of  this  act,  and  provided  further  that  no  new  con- 


ID 

tract  sliall  be  made  after  the  passage  of  this  act  by  any 
county  board  of  education,  or  by  the  board  of  education 
of  any  city  or  town  in  this  State. 

Section  23. — Be  it  further  enacted,  That  in  case  of  the 
failure  of  any  contractor  to  furnish  the  books  as  provi- 
ded in  this  contract,  then  his  bond  shall  be  declared  for- 
feited, and  the  State  school  book  commission  is  author- 
ized and  empowered  to  make  such  other  contract  for  the 
unexpired  term  with  any  person  to  provide  such  books 
as  they  may  deem  advisable  for  the  best  interests  of  the 
State. 

Section  24. — Be  it  further  enacted,  That  this  act  shall 
take  effect  from  and  after  its  passage. 

Approved  March  4,  1903. 


No.  391.)  AN  ACT  (H.  654. 

To  establish  at  the  University  of  Alabama  a  summer 
school  for  teachers,  and  to  provide  an  appropria- 
tion for  its  maintenance,  and  to  provide  for  the 
examination  of  teachers  attending  said  summer 
school.  Whereas,  it  is  generally  conceded  that 
the  greatest  educational  need  in  Alabama  is  a 
properly  trained  teaching  force,  therefore. 

Section  1. — Be  it  enacted  by  the  Legislature  of  Ala- 
ham  a,  That  the  Trustees  of  the  University  of  Alabama 
be  and  they  are  hereby  authorized  and  directed  to  estab- 
lish at  that  institution  a  school  to  be  known  as  the  Sum- 
mer School  for  Teachers,  at  which  during  the  summer 
months  instruction  shall  be  given  in  all  the  public  school 
studies,  and  in  such  other  studies  as  may  be  necessary 
to  better  prepare  teachers  for  efficient  service  in  the  pub- 
lic schools  of  the  State. 

Section  2. — Be  it  further  enacted,  That  for  the  mainte- 
nance of  the  said  summer  school  for  teachers,  the  sum 
of  five  thousand  dollars  is  hereby  appropriated  annually 
from  any  moneys  in  the  State  treasury  not  otherwise 
expended  by  law. 


76 

Section  3. — Be  it  further  enacted,  That  the  said  sum 
of  five  thousand  dollars  appropriated  by  this  act,  shall; 
on  the  first  day  of  July  of  each  year,  be  paid  by  the  State 
Treasurer  to  the  treaisurer  of  the  University  of  Ala- 
bama on  warrants  draAvn  by  the  State  auditor  as  Avar- 
rants  are  draAvn  for  other  appropriations  to  the  Univer- 
sity. 

Section  4. — Be  it  further  enacted.  That  the  trustees 
of  the  University  of  Alabama  shall  report  in  writing  to 
the  Legislature  at  each  regular  session  thereof  the  man- 
ner in  which  the  appropriation  herein  made  hasi  been  ex- 
pended. Provided,  That  this  appropriation  shall  not 
be  available  in  any  year  till  the  president  of  the  Univer- 
sity shall  certify  to  the  Governor  that  the  supplemental 
sum  of  twenty-five  hundred  dollars  has  been  rais>ed  from 
other  sources.  Provided  further,  That  no  matriculation 
or  tuition  fee  shall  be  charged'  to  Alabamai  teachers,  and 
no  incidental  fee  exceeding  three  dollars  per  session 
shall  be  charged  to  any  Alabama  teacher. 

Section  5. — Be  it  further  ejiacted,  That  the  State 
Board  of  Examiners  for  teachers  be  authorized  and  di- 
rected to  conduct  or  have  conducted,  annually,  at  the 
University  at  the  close  of  the  summer  school  for  teach- 
ers, an  examination  for  the  convenience  of  teachers  at- 
tending that  school.  The  examination  shall  be  equal  in 
all  respects  to  the  regular  examination  required  by  law. 
The  same  fee  shall  be  charg-ied  and  the  exainiiiat  :r:i  sliuli 
be  conducted  under  the  same  rules  and  regulations. 

Approved  October  1, 1903. 


No.  272.)  AN  ACT.  (H.  400. 

To  amend  sections  405  and  407  of  the  Code  of  Alabama 

of  1896. 

Section  1. — Be  it  enacted  by  the  Legislature  of  Ala- 
bama, That  sections  405  and  407  of  the  Code  of  Alabama 
be  amended  so  as  to  read  as  follows :  405  Board  of  Con- 
trol;   hOAV    constituted.     Each    of    such    stations    and 


schools  is  under  the  supervision  and  control  of  a  board 
of  control  to  be  composed  of  the  following  members: 
The  State  Superintendent  of  Education,  the  Commis- 
sioner of  Agriculture  and  Industries,  the  Governor,  and 
two  men  Avho  shall  be  residents  of  the  respective  congres' 
sional  district  wherein  the  school  for  which  they  are  ap- 
pointed is  located.  Said  members  from  the  congres- 
sional districts  shall  be  appointed  by  the  Governor,  and 
shall  only  serve  as  members  of  the  board  for  the  school 
^^  hich  is  located  in  their  respective  congressional  dis- 
tricts. The  terms  of  office  shall  be  for  a  period  of  four 
years  and  until  their  successors  are  appointed.  The 
members  of  said  board  must  not  receive  any  compensa- 
tion other  than  traveling  expenses  actually  incurred  in 
attending  meetings  of  the  Board  of  Control,  and  said 
Board  of  Control  shall  have  power  to  elect  a  treasurer 
for  each  school,  fix  his  bond,  compensation  and  pre- 
scribe his  duties.  Said  Board  of  Control  shall  also  have 
power  toi  select  such  other  officers  as  they  may  deem  ad- 
visable, prescribe  their  duties,  and  shall  also  have  power 
to  make  all  necessary  arrangements  for  drawing  the 
funds  appropriated  by  law,  and  the  disbursement  of  tbe 
samie.  407.  Not  less  than  five  hundred  dollars  of  the 
sum  so  appropriated  to  each  of  said  schools  shall  be  used 
in  maintaining,  cultivating  and  improving  the  farms  re- 
spectively, and  making  agricultural  experiments  thereon 
under  amd  by  direction  of  the  Board  of  Control  and  the 
Professor  of  Agriculture  in  the  Alabama  Polytechnic  In- 
stitute; further  the  course  in  scientific  agriculture  and 
floriculture  as  required  in  Section  413  shall  be  formu- 
lated for  the  schools  and  experiment  stations  by  the  said 
Xjrofeissor  of  agriculture  of  the  Alabama  Polytechnic  In- 
stitute. When  on  official  visits  said  Professor  of  Agri- 
culture shall  be  paid  by  the  Board  of  Control,  his  travel- 
ing expenses  thus  incurred. 

Section  2. — All  laws  and  parts  of  laws  in  conflict 
with  this  act  is  hereby  repealed. 

Approved  September  30,  1903. 


78 

No.  535. )  AN  ACT  ( H.  1042. 

To  provide,  at  the  several  Normal  Schools  of  Alabama, 
for  the  two  extra  periods  for  examination  of  appli- 
cants to  teach  in  the  public  schools. 

Be  it  enacted  by  the  Legislature  of  Alabama,  That  the 
Superintendent  of  Education  be  and  is  hereby  author- 
ized and  permitted  at  hisi  discretion  to  allow  in  May  and 
October  an  exanunation  at  any  Alabama  Normal  school 
requesting  it,  for  applicants  to  teach  in  the  public 
schools  of  this  State ;  that  said  examination  shall  follow 
the  same  regulations  as  the  regular  examinations  now 
established,  and  that  the  expense  of  said  examination 
is  to  be  borne  by  the  applicants. 

Approved  October  6,  1903. 


No.  560.)  AN  ACT  (S.  409. 

To  provide  for  the  teaching  of  Agriculture  in  the  publii* 

schools. 

Section  1. — Be  it  enacted  by  the  Legislature  of  Ala- 
bama, That  in  addition  to  the  branches  now  tausjht  in 
the  public  schools,  instruction  shall  be  given  in  the  ele- 
mentary principles  of  agriculture,  and  said  subject  shall 
be  taught  as  regularly  as  other  branches  are  taught  in 
said  schools,  by  the  use  of  the  text  book  in  the  hands  of 
the  pupils,  and  such  instruction  shall  be  given  in  all  the 
public  schools  of  the  State,  except  in  public  schools  in 
cities  of  500  inhabitants  and  over. 

Section  2. — Be  it  further  enacted.  That  no  license 
shall  be  granted  to  any  applicant  to  teach  in  the  public 
schools  of  Alabama  who  has  not  passed  a  satisfactory 
examination  in  said  branch. 

Section  3. — Be  it  further  enacted.  That  this  act  shall 
take  effect  on  and  after  its  passage,  but  it  is  provided 
further  that  the  first  examination  in  said  branch  shall 
not  be  held  earlier  than  October,  1904. 


79 

Section  4. — Be  it  further  enacted,  That  all  laws  and 
parts  of  laws  in  conflict  with  the  provisions  of  this  act 
be  and  the  same  are  hereby  repealed. 

Approved  October  10,  1903. 


:No.  409.)  AN  ACT  (S.  348. 

To  provide  for  an  election  to  levy  and  collect  a  special 
tax  for  the  support  of  public  schools  in  the  various 
counties  of  the  State  of  Alabama.  Be  it  enacted  by 
the  Legislature  of  Alabama : 

Section  1. — That  upon  a  petition  signed  by  two  hun- 
dred or  more  qualified  electors  of  the  county  who  are 
also  freeholders,  to  the  court,  of  county  commissioners, 
or  €ourt  of  like  jurisdiction  in  any  county  within  the 
State  of  Alabama,  the  said  court  shall  order  an  election 
to  determine  whether  or  not  a  special  tax  shall  be  levied 
for  the  support  of  the  public  schools  within  the  said 
county  as  is  hereafter  provided ;  but  only  one  such  elec- 
tion shall  be  held  in  any  two  years.  There  shall  be  made 
publication  of  the  same  in  some  newspaper  within  the 
county,  which  publication  shall  show  the  rate  of  such 
proposed  tax,  the  time  it  is  proposed  to  be  continued, 
and  the  purpose  for  which  the  levy  is  proposed  to  be 
made. 

Section  2. — The  inspectors  and  officers  of  the  elections 
shall  be  appointed  and  such  election  shall  be  held,  and 
the  results  of  said  elections  shall  be  declared  in  the  same 
manner  and  by  the  same  officers  a,s  is  the  result  of  the 
regular  elections  for  county  officers  under  the  general 
laAvs  of  the  State. 

Section  3. — The  Court  of  County  Commissioners  or 
court  of  like  jurisdiction  shall  provide  a  sufficient  num- 
ber of  ballots  for  each  voting  precinct  within  said  coun- 
ty, and  at  the  top  of  eaeh  ballot  shall  be  printed  the  rate 
of  such  proposed  tax,  the  time  it  is  to  be  continued,  and 
that  the  purpose  is  for  the  support  of  the  public  schools, 
and  directly  underneath  in  plain  type  shall  be  printed 


8o 

(511  different  lines  the  words,  "For  Proposed  Taxation," 
'M ^^ainst  Proposed  Taxation/'  and  a  plaee  must  be  left 
directly  to  the  left  of  each  line  thereof,  and  the  voter 
favoring  the'  proposed  taxation  will  make  ai  cross  mark 
directly  to  the  left  of  the  line  "For  Proposed  Taxation," 
and  the  voter  not  favoring  proposed  taxation,  will  make 
a  cross  mark  directly  to  the  left  of  the  line,  "Against 
I^roposed  Taxation,"  and  if  it  appears  as  the  result  of 
said  election  that  three-fifths  of  those  voting  at  said  elec- 
tion have  voted  for  the  proposed  taxation,  the  Court  of 
County  Commissioners  or  court  of  like  jurisdiction  shall 
levy  said  special  tax  and  cause  the  tax  assesisor  to  assess 
the  same  on  the  taxable  property  in  said  county,  which 
shall  not  exceed  ten  cents  on  each  one  hundred  dollars 
of  taxable  property  in  such  county ;  but  the  rate  of  such 
special  tax  shall  not  increase  the  rate  of  taxation.  State 
and  county  combined,  in  any  one  year  to  more  than  one 
dollar  and  twenty-five  cents  on  each  one  hundred  dol- 
lars of  taxable  property  in  said  county,  but  all  special 
county  taxes  for  public  buildings,  roads,  bridges  and  the 
payment  of  debts  existing  at  the  ratification  of  the  Con- 
stitution of  1875  shall  not  be  included  in  the  aforesaid 
one  dollar  and  tweiity-five  cents  on  the  one  hundred  dol- 
lars of  taxable  property. 

Section  4. — Whenever  such  a  levy  as  is  provided  for 
in  this  act  is  made  it  shall  be  the  duty  of  the  tax  collec- 
tor within  and  for  that  county  to  collect  such  a  tax  in  the 
same  manner  and  under  the!  same  requirements  and  laws 
as  taxes  of  the  State  are  collected,  and  he  shall  keep  said 
amount  separate  and  apart  from  all  other  funds  and 
keep  a  clear  and  distinct  account  thereof  showing  what 
amount  is  paid  by  the  negro  race  and  what  amount  is 
paid  by  the  white  race,  and  turn  the  same  over  to  th(^ 
County  Superintendent  of  Education,  whose  duty  it 
shall  be  to  receipt  therefor  and  apportion  the  same  to 
the  various  schools  throughout  the  county  in  the  same 
manner  as  the  general  school  funds  from  the  State  are 
apportioned  in  said  county,  provided,  that  the  school 
terms  of  the  respective  schools)  shall  be  extended  by  such 
supplement  as  nearly  the  same  length  of  time  as  prac- 
ticable. 


8i 

Section  5. — The  election  hereinbefore  provided  for 
may  be  had  at  the  time  of  holding  any  regular  election 
within  the  county,  and  if  held  at  such  a  time  the  inspect- 
ors and  officers  of  the  general  election  shall  conduct  at 
the  same  time  the  election  herein  provided  for;  and  for 
such  services  they  shall  receive  no  compensation  other 
than  that  allowed  them  for  the  holding  of  the  general 
election ;  but  if  such  an  election  is  had  at  such  other  time 
ihan  that  of  holding  a  regular  election  within  the  county, 
then  the  elc^ction  officers  shall  receive  the  same  pay  as 
tJiat  for  holding  a  general  election;  and  if  such  levy  is 
made  as  provided  for  in  this  act  the  tax  collector,  tax  as- 
sessor and  county  superintendent  of  education  shall  re- 
ceive for  the  services  required  of  them  under  the  provis- 
i<ms  of  this  act,  the  same  per  centum  of  the  funds  han- 
dled as  they  now'  reiceive  for  like  services,  Provided,  that 
the  time  said  special  tax  may  continue  shall  not  be  les;^ 
than  two  years, 

Section  6. — All  persons  who  are  at  the  time  of  such 
election  qualified  electors  in  the  county  where  such  elec- 
tion is  held  under  the  law  and  constitution  of  Alabama, 
then  in  existence,  shall  be  qualified  electors  to  partici- 
pate therein. 

Approved  October  1,  1903. 


No.  390.)  AN  ACT  (H.  668. 

To  authorize  the  Court  of  County  Commissioners,  or 
other  governing  body  of  like  jurisdiction,  in  any 
county  in  this  State,  to  levy  and  collect  such  special 
taxes,  not  to  exceed  one-fourth  of  one  per  centum 
per  annum,  to  pay  any  debt  or  liability  now  exist- 
ing against  any  county,  incurred  for  the  erection, 
construction  or  maintenance  of  the  necessary  pub- 
lic buildings  or  bridges,  or  that  may  hereafter  be 
created  for  the  erection  of  necessary  public  build- 
ings, bridges  or  roads. 
Section  1. — Be  it  enacted  by  the  Legislature  of  Ala- 
bama, That  the  Court  of  County  Commissioners,  or  other 
governing  body  of  like  jurisdiction,  in  any  county  in  this 


82 

State,  is  hereby  authorized  to  levy  and  collect  such  spe- 
cial taxes  as  it  luay  deem  necessary,  not  to  exceed  one- 
fourth  of  one  per  centum  per  annum,  for  the  purpose  of 
paying  any  debt  or  liability  now  existing  against  any 
county,  incurred  for  the  erection,  construction  or  main- 
tenance of  the  nefcessary  public  buildings  or  bridges,  or 
that  may  hereafter  be  created  for  the  erection  of  public 
buildings,  bridges  or  roads,  which  taxes  so  levied  and 
collected,  shall  be  applied  exclusively  to  the  purposes 
for  w^hich  the  same  are  so  levied  and  collected. 
Approved  September  30,  1903. 


No.  365.)  AN  ACT  (S.  210. 

To  provide  for  the  redistricting  of  the  public  schools  of 
the  State  and  for  the  management  and  control  of 
same. 

Section  1. — Be  it  enacted  by  the  Legislature  of  Ala- 
bama, That  townsliip  lines  for  school  purposes,  in  the 
State  of  Alabama,  are  hereby  abolished ;  provided  noth- 
ing herein  contained  shall  be  so'  construed  as  to  deprive 
the  inhabitants  of  any  township  in  this  State  of  the  six- 
teenth section  or  any  fund  arising  therefrom,  for  the 
purpose  of  selling  and  leasing  the  sixteenth  section 
school  lands  of  the  several  townships  as  provided  by 
law  there  shall  be  three  township  trustees  in  each  town- 
ship to  be  appointed  as  now  provided  by  law,  the  exist- 
ing township  trustees  shall  continue  in  office  until  the 
expiration  of  their  terms  of  office  for  the  purpose  of  sell- 
ing and  leasing  such  lands. 

Sec.  2. — One  of  the  county  commissioners  or  a  mem- 
ber of  the  County  Board  of  Revenue  to  be  selected  by 
such  commissioners  or  Board  of  Revenue,  the  County 
Superintendent  of  Education,  and  one  of  the  county 
surveyors  to  be  named  by  the  court  of  county  commis- 


83 

sioners,  or  Board  of  Revenue,  in  each  of  the  several 
counties  of  the  State,  are  hereby  created  the  county  re- 
districting  board,  whose  duties  shall  be  as  hereinafter 
provided. 

Sec.  3. — That  on  the  first  Monday  in  March,  1904,  the 
county  redistricting  boards  provided  for  in  section  two 
(vf  this  act,  shall  meet  at  the  court  house  in  their  respect- 
ive counties  and  organize  by  electing  one  of  their  num- 
ber as  chairman.  The  County  Superintendent  of  Edu- 
cation shall  be,  by  virtue  of  his  office,  Secretary  of  such 
board;  a  majority  of  the  members  of  such  board  shall 
constitute  a  quorum. 

Sec.  4.— As  soon  as  practicable  after  organization  the 
said  county  redistricting  boards  shall  lay  out  and  divide 
their  respective  counties  into  public  school  districts  ac- 
cording to  centers  of  population  and  natural  barriers 
Such  districts  shall  be  so  arranged,  if  practicable,  as  to 
place  a  public  school  within  two  and  one-half  miles  of 
each  child  within  school  age  wdthin  such  district;  pro- 
vided that  no  district  shall  be  formed  which  contains 
less  than  fifteen  children  within  the  school  age. 

Sec.  5. — The  work  of  establishing  such  districts  as 
provided  in  this  act,  shall  be  completed  not  later  than 
eTune  1st,  1904,  within  ten  days  after  said  work  shall 
have  been  completed,  the  said  several  county  redistrict- 
ing boards  shall  make,  in  writing,  an  accurate  descrip- 
tion of  each  district  so  established,  which  descriptions 
they  shall  deposit  with  the  Judge  of  Probate,  whose 
duty  it  shall  be  to  record  the  same  in  a  substantially 
bound  book,  to  be  kept  by  him  for  this  purpose  in  his 
office. 

Sec.  6.— On  the  first  Saturday  in  July,  1904,  and  each 
fourth  year  thereafter,  the  qualified  electors  of  each 
public  school  district  shall  meet  at  the  district  public 
school  house  and  elect  from  among  the  freeholders  and 
householders  who  can  read  and  write,  residing  in  such 
districts,  a  local  board  of  three  distinct  trustees  whose 
duty  shall  be  as  hereinafter  provided.  Such  district 
trustees  shall  hold  office  for  the  term  of  four  years  from 


84 

the  time  of  their  election,  and  until  their  successors  are 
elected  and  qualified. 

Sec.  7. — The  trustee's  provided  for  in  the  last  preced- 
irig-  section  shall  a\  ithin  ten  days  after  their  election 
meet  at  the  public  school  district  school  house,  or  some 
place  more  convenient  to  all  concerned,  and  shall  organ- 
ize, by  electing  one  of  their  number  chairman  and  an- 
other secretary. 

Sec.  8. — The  district  trustees  shall,  during  the  month 
of  August,  1904,  and  in  every  even  numbered  year  there- 
after, make  an  enumeration  of  all  the  children  within 
school  age  in  their  respective  districts  in  accordance 
with  the  requirements  of  section  3573  of  the  Code  of 
1896,  and  report  the  same  as  herein  provided  to  the 
County  Superintendent  of  Education,  ^^o  also  shall,  by 
the  15th  day  of  said  month,  make  a  written  report  of 
such  enumeration  by  numbered  districts  to  the  State 
Superintendent  of  Education,  and  it  shall  be  the  duty 
of  the  County  Superintendent  of  Education  to  enumer- 
ate or  cause  to  be  enumerated,  all  the  children  of  school 
age  in  au}^  township  or  townships  in  his  county  in  which 
the  sixteenth  section  intea^est  exceeds  the  amount  of  per 
capita  apportionment  from  the  general  fund,  and  report 
the  same  to  the  ofl&ce  of  the  State  Superintendent  of 
Education. 

Sec.  9. — It  shall  be  the  duty  of  said  district  trustees 
to  care  for  all  school  property,  employ  teachers  for  their 
school  districts,  such  employment  to  be  subject  to  the. 
approval  of  the  County  Board  of  Education,  to  visit  the 
schools  within  their  respective  districts,  observe  the 
management  of  the  same,  to  make  quarterly  reports  of 
the  condition  of  such  school  tO'  the  County  Superintend- 
ent of  Education,  and  to  perform  such  other  duties  as 
m.ay  be  required  by  the  county  board  of  education  here- 
inafter provided  for. 

Sec.  10. — The  chairman  of  the  several  boards  of  dis- 
trict trustees  shall  meet  at  the  court  house  in  their  re- 
spective counties  on  the  second  Saturday  in  August  af- 
ter their  election  and  every  four  years  thereafter,  and 
shall  elect  four  county  school  trustees,  who  shall  hold  of- 
fice for  the  term  of  four  vears  from  the  date  of  their  elec- 


85 

tion  and  until  their  successors  are  elected  and  qualified. 
Before  entering  upon  the  duties  of  office,  they  shall  take 
the  oath  of  office  prescribed  by  the  Constitution  of  the 
State.  The  County  Superintendent  of  Education  and 
said  four  county  trustees  shall  constitute  the;  County 
Board  of  Education  within  their  respective  counties. 
The  County  Superintendent  of  Education  shall  be  the 
chief  executive  officer  of  said  county  boards  of  educa- 
tion, and  shall  see  that  all  the  rules,  regulations  and 
orders  of  said  county  boards  are  enforced;  provided, 
however,  that  no  county  trustee  shall,  during  his  term 
of  office,  be  eligible  to  election  as  a  district  trustee. 

Sec.  11. — The  said  County  Board  of  Education  shall 
have  entire  control  of  the  public  schools  within  their  re- 
spective counties,  unless  otherwise  provided  by  law. 
They  shall  make  rules  and  regulations  for  the  govern- 
ment of  thei  schools,  see  that  teachers  perform  their  du- 
ties, and  exercise  such  powers,  consistent  with  the  law, 
as  in  their  judgment  will  best  subserve  the  cause  of  ed- 
ucation. The  said  board  shall  have  the  right  to  acquire, 
purchase,  lease,  receive,  hold,  transmit  and  convey  the 
title  to  real  and  personal  property  for  school  purposes. 
Said  Board  of  Education  shall  by  and  in  the  name  of 
the  County  Board  of  Education  sue  and  be  sued,  con- 
tract and  be  contracted  with;  all  contracts  to  be  made 
after  resolution  adopted  by  said- board  and  spread  on 
its  minutes  and  signed 'by  the  president  and  secretary, 
and  all  process  shall  be  executed  on  the  secretary  of  said 
board. 

Sec.  12. — Whenever  there  shall  have  been  established 
111  any  school  district,  a  system  of  graded  schools  free  to 
the  children  of  school  age,  within  such  district  for  a 
period  of  not  less  than  eight  months  in  each  year,  the 
electors  of  such  districts  may  increase  the  number  of  the 
district  trustees  to  five  and  assume  entire  control  of  the 
public  schools  therein;  provided,  the  trustees  of  such 
districts  shall  make  all  reports  required  by  law  to  the 
county  board  of  education. 

Sec.  13. — Each  member  of  the  county  redistricting 
boards  named  in  section  two  of  this  act  shall  receive  two 
dollars  a  day  for  each  day  in  which  he  is  actually  em- 
ployed in  forming  school  districts  under  this  act  to  be 


86 

l)aid  out  of  the  county  treasury  upon  the  written  requi- 
sition of  the  president  and  secretary  of  such  board;  pro- 
vided, that  no  member  of  said  board  shall  receive  pay 
for  more  than  fifteen  days,  and  provided,  further,  that 
the  County  Superintendent  of  Education  shall  receive 
no  pay  for  serving  on  said  board. 

Sec.  14. — Each  of  the  four  members  of  the  county 
board  of  education,  provided  for  in  section  10  of  this  act 
shall  receive  from  the  public  school  funds  of  the  county 
to  be  disbursed  by  the  County  Superintendent  of  Edu- 
cation two  dollars  a  day  for  each  day's  work  devoted  by 
him  to  the  public  schools;  provided,  he  shall  not  receive 
pay  for  more  than  ten  days  in  any  one  year.  The 
County  Superintendent  of  Education  shall  apportion 
among  the  several  school  districts  the  amount  of  com- 
pensation to  be  paid  to  the  members  of  the  County 
Board  of  Education  and  to  account  for  the  same  in  like 
manner  as  provided  for  the  compensation  paid  to  teach- 
ers in  such  districts. 

Sec.  15. — The  County  Superintendents  of  Education 
shall  receive  and,  by  and  with  the  advice  and  consent  of 
the  County  Board  of  Education  and  under  its  direction 
shall  disburse  all  moneys  appropriated  and  provided  by 
law,  or  that  may  hereafter  be  provided  for  by  law,  either 
general  or  special,  for  the  support  of  any  and  all  public 
schools  within  their-  respective  counties.  For  their 
compensation,  they  shall  receive  four  per  centum  on  all 
State  public  moneys  legally  disbursed  by  them,  not  to 
exceed  the  sum  of  eighteen  hundred  dollars  for  any  cal- 
endar year.  For  all  moneys  received  and  disbursed  by 
them,  the  county  superintendent  shall  account  to  the 
State  Superintendent  of  Education,  as  now  provided  by 
law. 

Sec.  16. — The  lines  and  boundaries  of  any  school  dis- 
trict may  be  changed  by  a  vote  of  a  majority  of  the 
County  Board  of  Education,  thirty  days  after  due  no- 
tice shal  have  been  given  by  such  board  to  the  school 
trustees,  and  the  people  in  the  territory  to  be  affected 
by  the  change  and  such  change  may  add  to  or  take  from 
any  district  composed  of  an  incorporated  city  or  town 
such  contiguous  territory  as  such  board  may  deem  best ; 
notice  of  the  proposed   change  being  given   by   three 


87 

weekly  publications  in  a  newspaper  published  in  said 
county,  and  in  three  public  places  by  posting  notices. 

Sec.  IT. — That  any  vacancy  on  the  County  Board  of 
Education  or  on  any  district  board  of  trustees,  shall  be 
filled  for  the  unexpired  term  by  the  remaining  members 
on  said  board  of  education  or  board  of  trustees  as  the 
case  may  be. 

Sec.  18.— This  bill  shall  not  be  held  to  afe-ect  any 
school  contract  or  the  conduct,  management  and  control 
of  public  schools  during  the  school  year  ending  Septem- 
ber 30,  1904. 

Sec.  19. — The  provisions  of  this  act  shall  not  apply  to 
any  county  heretofore  districted  by  law  and  which  has 
a  special  levy  from  the  county  for  the  support  of  the 
public  schools  or  to  school  districts  heretofore  estab- 
lished by  law. 

Sec.  20. — That  each  incorporated  city  or  town  in  the 
State  is  hereby  created  a  separate  school  district.  In 
all  municipalities  where  there  is  a  board  of  education 
the  board  shall  have  full  charge  and  control  of  such  sep- 
arate school  districts  and  shall  have  and  exercise  all  the 
powers  and  authorty  conferred  by  law  upon  township 
trustees.  In  municipalities  where  there  is  no  such 
board  of  education,  the  powers  and  duties  of  trustees 
shall  devolve  upon  and  be  performed  by  the  mayor  and 
board  of  aldermen,  and  all  funds  due  such  separate 
school  districts  shall  be  paid  directly  by  the  State  Su- 
I)erintendent  of  Education  to  the  board  of  education  of 
such  separate  school  districts,  or  to  the  mayor  and  board 
of  aldermen  where  there  is  no  such  board  of  education, 
and  provided  that  nothing  in  this  act  contained  shall  be 
construed  as  in  conflict  with  section  12  of  this  act. 

Approved  September  30,  1903. 


]So.  298.)  AN  ACT  (H.  498. 

To  regulate  all  school  districts  affected  by  the  creation 
of  new  counties  or  the  change  of  county  lines  and 
to  provide  for  the  election  of  trustees  therein. 


88 

Section  1. — Be  it  enacted  by  the  Legislature  of  Ala- 
bama, That  any  school  district,  which  by  the  creation  of 
new  counties  or  the  change  of  county  lines,  shall  lie  in 
two  or  more  counties,  shall  in  no  wise  be  repealed  by  the 
creation  of  said  new  counties  or  the  change  of  county 
lines. 

Sec.  2. — That  the  superintendent  of  the  counties  in 
which  said  school  districts  shall  lie,  shall  pay  OA^er  to 
the  treasurer  of  said  school  boards  in  said  school  dis- 
tricts, all  the  funds  of  money  coming  into  their  hands 
due  said  school  districts. 

Sec.  3. — That  the  trustees  of  a  school  district  which 
is  placed  in  two  or  more  counties  by  the  creation  of  new 
counties  or  the  change  of  county  lines  shall  be  appointed 
by  the  Superintendent  of  Education  of  the  county  in 
which  a  majority  of  the  children  within  the  school  age 
of  said  school  reside. 

Sec.  8. — That  all  parts  of  laws  of  said  school  districts, 
which,  by  the  creation  of  new  counties  or  the  change  of 
county  lines,  lie  in  two  (2)  or  more  counties,  which  are 
in  conflict  with  the  provisions  of  this  act  are  hereby  re- 
pealed. 

Approved  September  26,  1903. 


No.  233.)  SENATE  JOINT  RESOLUTION.  S.  J.  R. 
Whereas,  By  an  act  of  the  38t  hCongress  of  the  Uni- 
ted States  each  State  is  invited  to  place  in  the  National 
Statuary  Hall  at  AVashington,  D.  C,  the  memorial  stat- 
utes of  two  citizens  of  such  State  who  may  be  distin- 
guished for  exalted  and  patriotic  service;  therefore,  Be 
it  resolved  by  the  Senate  of  the  Legislature  of  Alabama, 
the  House  of  Representatives  concurring,  that  the  long 
and  distinguished  labors  of  the  educaotor,  Jabez  Lamar 
Monroe  Curry,  shall  be  accorded  this  tribute  of  affec- 
tionate regard,  and  that  his  name  shall  be  and  is  hereby 
formally  designated  for  grateful  commemoration  by  the 
erection  of  ^  statute  of  marble  of  bronze   in    the   said 


89 

National  Statuary  Hall.  Resolved  further,  that  the 
Governor  of  this  State  shall  be  and  is  hereby  empowered 
to  take  the  necessary  steps  to  carry  this  resolution  into 
effect. 

Filed  in  office,  Sept.  29,  1903. 

J.  Thomas  Heflin^ 

Secretary  of  State. 

(This  resolution  became  a  laAV  under  Section  125  of 
the  Constitution  of  1901,  having  been  held  by  the  Gov- 
ernor beyond  the  time  limit.) 


No.  143.)  AN  ACT  (H.  407. 

To  validate,  ratify  and  confirm  the  election  of,  all  county 
commissioners,  and  boards  of  revenue,  and  all 
county  superintendents  of  education  who  were 
elected  to  such  offices  in  the  several  counties  of  this 
State  at  the  general  election  for  State  officers,  and 
Congress  members,  held  on  the  first  Tuesday  in  No- 
vember, 1902.  Whereas,  at  the  general  election  for 
State  officers,  and  Congress  members,  held  in  this 
State  on  the  first  Tuesday  in  November,  1902,  there 
were  also  chosen  and  elected  in  many  of  the  coun- 
ties of  the  State,  county  commissioners  and  boards 
of  revenue  and  county  superintendents  of  educa- 
tion, and  whereas,  it  is  a  question  of  very  grave 
doubt  as  to  whether  the  law  provided  for  and  au- 
thorized the  election  of  such  county  commissioners 
and  boards  of  revenue  and  county  superintendents 

at   said   election,   and   as   to  the  legality   of  the  elec- 

'  tion  of  such  county  commissioners  and  boards  of 

revenue  and  county  superintendents  of  education, 

at  said  election,  and,  Avhereas,  it  is  expedient  that 
all  doubt  be  removed  as  to  the  right  of  such  county 
commissioners,  and  boards  of  revenue  and  county 
superintendents  of  education  to  hold  and  exercise 
the  duties  of  their  respective  offices. 

Secton  1. — Be  it  enacted  by  the  Legislature  of  Ala- 
bama, That  the  election  of  all    county    commissioners, 


90 

and  boards  of  revenue,  and  county  superintendents  of 
education,  Avho  were  elected  to  such  offices  in  the  several 
counties  in  the  State,  at  the  election  for  State  officers 
and  Congress  members,  held  on  the  first  Tuesday  in  No- 
vember, 1902,  be  and  the  same  is  hereby  validated,  con- 
firmed, ratified,  and  approved,  and  made  to  be  as  bind- 
ing and  to  have  the  same  force  and  effect  as  if  the  elec- 
tion of  such  county  commissioners,  and  boards  of  reve- 
nue, and  county  superintendents  of  education  had  been 
fully  provided  and  authorized  by  law,  at  the  time  of 
their  ^id  election  on  the  first  Tuesday  in  November, 
1902. 

Sec.  2. — That  all  laws  and  parts  of  laws  in  conflict 
with  the  provisions  of  this  act  be  and  the  same  are 
hereby  repealed. 

Approved  arch  5,  1903. 


No.  539.)  AN  ACT  (H.  651. 

To  empower  municipal  corporations  to  purchase  school 
property  and  maintain  public  schools. 

Be  it  enacted  hij  the  Legislature  of  the  State  of  Ala- 
Jiama: 

Section  1. — That  all  municipal  corporations  in  this 
State  are  hereby  empowered  to  purchase  school  prop- 
erty, or  to  purchase  lots  and  erect  school  buildings 
thereon  for  the  use  and  benefit  of  the  citizens  of  their 
respective  towns  and  cities. 

Sec.  2. — That  for  said  purpose  the  town  council  or 
board  of  aldermen  may  levy  a  tax  of  not  exceeding  one- 
fourth  of  one  per  cent,  provided  that  the  city  or  town 
tax  shall  not  exceed  one  half  of  one  per  cent,  for  all  pur- 
poses, including  said  school  tax. 

Sec.  3. — That  the  town  council  of  board  of  aldermen 
are  hereby  empowered  to  purchase  school  property  from 
time  to  time  for  the  maintenance  and  improvement  of 
such  school  property  and  the  maintenance  of  public 
schools  therein  within  the  limits  hereinbefore  pre- 
scribed. 


91 

Sec.  4. — That  any  purchase  of  school  property  under 
the  power  herein  granted  shall  only  be  made  by  the 
unanimous  vote  of  the  town  council  or  board  of  alder- 
men of  such  town  or  city,  and  approved  by  the  mayor, 
and  upon  two-thirds  vote  of  the  voters  of  said  town 
voting  on  said  proposition  at  a  special  election  held  for 
that  purpose  after  giving  at  least  ten  days  notice  of  said 
election. 

Approved  October  6,  1903. 


No.  230.)  AN  ACT  (H.  286. 

To  provide  for  the  sale  of  Sixteenth  section  lands,  which 
contain  or  are  believed  to  contain  minerals. 

Be  it  enacted  by  the  Legislature  of  Alabama^ 

Section  1. — That  the  township  trustee  or  trustees  of 
any  township  may,  with  the  approval  of  the  State  Su- 
perintendent of  Education,  as  hereinafter  provided,  sell 
any  sixteenth  section  school  lands  of  their  respective 
townships,  which  contain  or  are  believed  to  contain 
minerals,  in  the  following  manner:  Upon  the  request 
of  three  or  more  inhabitants  of  such  township  the  town- 
ship trustee  or  trustees  shall  hold  an  election  to  ascer- 
tain whether  the  lands  of  such  township  shall  be  sold ; 
such  election  shall  be  under  the  control  and  supervision 
of  the  township  trustee  or  trustees,  and  shall  be  held 
after  ten  days'  noticei  has  been  given  thereof  by  posting 
notices  at  three  public  places  in  the  township.  If  in 
such  election  a  majority  of  the  qualified  electors  of  such 
township  who  are  the  parents  of  children  attending  the 
public  schools  of  such  township  vote  for  a  sale  of  such 
lands,  such  township  trustee  or  trustees  shall  cause  to 
be  published  once  a  week  for  three  successive  weeks, 
in  some  newspaper  published  in  the  county  where  such 
lands  are  situated,  a  notice  that  sealed  bids  will  be  re- 
ceived by  said  trustee  or  trustees  at  a  time  and  place 
specified  in  such  notice,  from  the  persons  desiring  to 
purchase  all  or  any  part  of  such  lands  of  such  town- 
ship.    And  such  trustee  or  trustees  shall,  at  the  time 


92 

and  place  named  in  said  notice,  receive  sealed  bids  of 
all  persons  who  may  desire  to  purchase  any  of  such 
lands.  Such  bids  shall  state  whether  the  bidder  desires 
to  purchase  all  or  a  part  of  such  lands,  the  price  he  pro- 
poses to  pay  for  the  same,  how  much,  if  an}^,  of  such 
purchase  money  is  to  be  paid  in  cash,  and  the  security 
he  proposes  to  give  for  any  unpaid  purchase  money,  the 
rate  of  interest  such  unpaid  purchase;  money  shall  bear, 
and  the  time  and  installments,  if  any,  such  unpaid  pur- 
chase money  shall  be  paid  in;  and  if  such  lands  have 
been  previously  leased,  such  bids  may  be  for  the  rent 
as  well  as  for  the  reversion  of  such  land ;  and  such  bids 
may  contain  any  other  proposal  with  reference  to  the 
purchase  of  such  lands  and  the  security  to  be  given  for 
unpaid  purchase  money.  If  such  trustee  or  trustees 
approve  any  of  such  bids,  the:  same  shall  be  by  them  or 
him  forwarded  to  the  State  Superintendent  of  Educa- 
tion. If  such  bid  is  approved  by  the  State  Superintend- 
ent of  Education,  he  shall  mark  it  approved.  If  disap- 
proved by  him  he  shall  mark  it  disapproved;  and  in 
either  event,  he  shall  file  it  with  the  records  in  his  office. 
In  the  event  of  the  approval  of  such  bid  by  the  Superin- 
tendent of  Education,  the  bidder  shall  execute  his  obli- 
gation or  obligations  with  two  sureties  to  be  approved 
by  the  Superintendent  of  Education,  for  the  unpaid 
purchase  mone}^  of  such  lands  and  the  interest  thereon, 
which  obligation  or  obligations  shall  be  payable  to  the 
township  in  which  such  lands  are  situated,  and  which 
shall  be  kept  by  the  Superintendent  of  Education.  The 
bidder  shall  also  pay  any  cash  provided  by  his  bid  to  be 
paid  in  cash,  and  thereupon  the,  Superintendent  of  Ed- 
ucation shall  issue  to  such  purchaser  a  certificate  of 
purchase  which  shall  describe  the  land  sold,  and  shall 
fully  set  forth  the  price,  terms  and  conditions  of  the  sale 
as  set  forth  in  the  accepted  bid ;  such  certificate  shall  be 
prima  facie  evidence  that  all  the  pre-requisites  to  n 
valid  sale  of  such  lands  have  been  complied  with.  If 
default  is  made  in  the  payment  of  any  installments,  in- 
terest or  principal  agreed  to  be  paid  by  such  purchaser, 
and  such  default  continues  for  one  year  or  more,  all 
title  to  the  land   sol.l   shall  revest  absolutely  in   such 


93 

township.  Upon  payment  in  full  of  the  purchase 
money  with  any  interest  agreed  to  be  paid,  there  shall 
issue  to  such  purchaser  a  patent  to  he  signed  by  the 
Governor  and  attested  by  the  Secretary  of  State,  which 
^hall  be  conclusive  evidence  that  all  title  to  the  lands 
therein  described  has  vested  in  the  purchaser  named 
therein.  In  the  event  of  the  abolition  by  law  of  the 
office  of  township  trustee  the  duties  herein  provided  to 
be  performed  by  them  shall  be:  performed  by  the  County 
Superintendent  of  Education. 

Sec.  2. — That  all  purchase  money  for  such  lands, 
cash  and  deferred,  and  all  interest  or  such  unpaid  pur- 
chase money,  shall  bei  paid  to  the  Superintendent  of  Ed- 
ucation, by  whom  it  shall  be  reported  to  the  Auditor 
and  paid  into  the  State  Treasury.  And  the  principal 
of  all  such  purchase  money  paid  into  the  State  Treasury 
and  any  money  paid  as  a  sinking  fund  shall  bear  inter- 
est in  the  same  manner  as  other  school  funds  in  the 
treasury  bear  interest,  and  shall  be  used  exclusively  for 
the  public  schools  of  the  township  to  which  said  lands 
belong.  And  all  interest  paid  annually  or  oftener  by 
the  purchaser  on  the  deferred  payments  of  purchase 
money,  shall  not,  after  being  paid  into  the  State  Treas- 
ury, bear  interest,  but  shall  be  annually  apportioned  to 
and  used  exclusively  in  the  maintenance  of  the  public 
schools  of  such  township. 

Sec. 3. — That  for  their  services  in  connection  with 
any  sale  made  under  the  provisions  of  this  act,  the 
township  trustees  or  trustee  shall  receive  one-half  of 
(me  per  cent,  of  the  amount  of  the  purchase  price  named 
in  any  accepted  bid,  which  shall  be  paid  to  such  trustees 
or  trustee  by  the  Superintendent  of  Education  out  of 
the  first  payment  of  the  principal  of  such  purchase 
money  received  by  him. 

Sec.  4. — That  all  laws  and  parts  of  laws,  general  and 
local,,  in  conflict  herewith  be  and  the  same  are  hereby 
repealed. 

Approved  Sept.  22,  1903. 


94 

^'o.  137.)  AN  ACT  (S.  83. 

To  amend  Section  3562  of  the  Code  of  Alabama. 

Section  1. — Be  it  enacted  hy  the  Legislature  of  Ala- 
bama, That  Section  3562  of  the  Code  of  Alabama  be 
amended  so  as  to  read  as  follows :  The  trustees  in  each 
township  shall  annually  on  the  first  Monday  in  Septem- 
ber, or  within  seven  days  thereafter,  call  a  meeting  of 
the  parents  and  guardians  of  the  children  of  their  town- 
ship within  the  educational  age,  and  at  such  meeting 
they  shall  in  consultation  with  such  parents  and  guar- 
dians, and  with  a  view  to  subserve  their  wishes,  inter- 
ests and  convenience  transact  the  following  business: 
1.  They  shall  determine  the  number  of  schools  which 
shall  be  established  in  their  township  for  the  current 
scholastic  year,  and  shall  designate  the  same  by  num- 
ber. 2.  They  shall  fix  the  locaton  of  each  school,  the 
time  of  itsi  opening,  and  the  length  of  the  session,  which 
shall  not  be  for  a  less  term  than  is  provided  by  law.  3. 
They  shall,  when  they  establish  the  schools  in  their 
township,  apportion  to  each  school  so  established,  such 
an  amount  of  the  public  school  revenue  apportioned  to 
the  township  for  the  current  scholastic  year  as  they  may 
deem  just  and  equitable  and  for  the  equal  benefit  of  the 
children  thereof  of  school  age. 

Sec.  2. — They  shall  determine  the  number  and  what 
children  shall  be  transferred  from  their  districts  to  the 
school  of  other  districts,  and  to  what  district  trans- 
ferred, during  the  scholastic  year,  and  shall  set  apart 
such  an  amount  of  the  money  apportioned  to  their  dis- 
trict to  pay  for  such  transferred  children  as  they  may 
deem  just  and  equitable,  and  if  it  should  be  deemed  im- 
practicable to  establish  in  any  district  a  public  schooJ 
for  the  children  of  either  race,  on  account  of  the  want 
of  a  sufficient  number  of  such  race  living  within  a  reas- 
onable distance,  they  shall  determine  whether  any  such 
children  can  be  transferred  conveniently  to  a  public 
school  in  another  district,  and  those  that  cannot  be  so 
transferred,    and    that    have    actually    attended    some 


-      95 

school  in  this  State  for  the  time  during  which  the  pub- 
lic schools  were  kept  open  for  the  current  scholaistic 
year,  shall  be  entitled  to  the  benefits  of  the  amounts  ap- 
portioned to  their  district ;  and  they  shall  determine  the 
amount  to  which  each  of  such  children  shall  be  entitled, 
and  the  same  shall  be  paid  by  the  County  Superintend- 
ent of  Education  to  the  parent  or  guardian  of  such 
child,  for  which  a  receipt  shall  be  taken  as  in  case  of 
payments  to  teachers.  5.  In  those  townships  in  which 
less  than  the  re(]uisite  number  of  children  of  school  age 
reside,  it  shall  be  the  duty  of  the  township  trustees  to 
arrange  for  the  teaching  of  such  children  in  such  man- 
ner as  they  may  deem  proper  and  just,  subject  to  the 
approval  of  the  County  Superintendent  of  Education, 
and  to  pay  for  the  tuition  of  such  children  in  the  man- 
ner prescribed  by  law  out  of  the  school  funds  appor- 
tioned to  such  township.  6.  Such  other  business  as 
may  be  necessary  to  carry  out  the  provisions  of  the  law, 
which  shall  include  the  election  of  teachers. 
Approved  March  4,  1903. 


CONSTRUCTION  OF  SCHOOL  HOUSES. 

The  following  is  the  title  of  An  Act  passed   by   the 
Legislature  of  Alabama  at  the  session  of  1903: 

To  authorize  Boards  of  Revenue  and  Courts  of  County 
Commissioners  in  the  several  counties  in  the  State  of 
Alabama,  to  cause  elections  to  be  held  in  their  respect- 
ive counties,  to  authorize  the  issue  of  bonds  for  con- 
structing or  pav  debts  created  for  constructing  public 
buildings,  INCLUDING  SCHOOL  HOUSES  AND 
BUILDINGS,  public  roads  and  bridges,  and  for  such 
other  purposes  as  may  be  authorized  by  law ;  to  provide 
for  the  manner  of  giving  notice  of  such  election,  the 
manner  of  holding  same,  and  the  payment  of  expenses 
thereby  incurred;  and  to  authorize  the  issue  of  bonds 
Vi^hen  at  such  election  the  voters  thereat  shall  decide  in 
favor  of  such  bond  issue.  (See  General  Acts  of  Ala- 
bama, 1903,  j^o^ge  90.) 


96 

See  Page  20,  §  3582,  of 

GENEEAL  PUBLIC  SCHOOL  LAWS  OF  ALA 
BAMA,  1903. 


No.  140.)  AN  ACT  (S.  147. 

To  amend  Sections  3610  and  3612  of  the  Code  of  Ala- 
bama, of  1896. 

Section  1. — Be  it  enacted  by  the  Legislature  of  Ala- 
Imrna,  That  Section  3610  of  the  Code  of  Alabama  of 
1896  be,  and  the  same  is  hereby  amended  so  as  to  read  as 
follows:  3610.  County  Superintendents  Shall  Make 
Pay  Rolls. — On  the  fiifteenth  day  of  each  month  the 
County  Superintendent  of  Education  shall  make  in  du- 
plicate, for  each  race  separately,  a  pay  roll,  showing  the 
names  of  all  teachers  engaged^  in  teaching  public  schools 
in  their  counties,  Avith  their  postoffice  address,  and  the 
estimated  amount  that  will  be  due  to  each  teacher  at  the 
end  of  the  current  month  from  the  funds  of  each  town- 
ship and  range  or  district  in  its  regular  numerical 
order;  and  shall  append  thereto  an  affidavit  that  the 
same  is  correct.  One  of  such  duplicate  pay  rolls  shall 
be  retained  by  the  County  Superintendent,  and  the 
other  he  shall  forthwith  forward  to  the  Superintendent 
of  Education,  who  shall  examine  the  same,  and  if  found 
correct,  it  shall  be  approved  by  him  and  filed  with  the 
Auditor. 

Sec.  2.— That  Section  3612  of  the  Code  of  Alabama 
of  1896,  be  and  the  same  is  hereby  amended  so  as  to  read 
as  follows:  3612.  Teachers  Paid  and  Receipts  Taken. 
—Immediately  upon  the  receipt  by  the  County  Super- 
ent  of  the  amount  of  the  monthly  pay  roll,  he  shall  pay 
the  teachers,  taking  their  receipt  therefor  on  both  copies 
of  said  pay  roll,  and  must  by  the  fifteenth  day  of  each 
month  return  one  copy  of  such  receipted  pay  roll  to  the 
Superintendent  of  Education.  Provided,  that  in  case 
any  teacher  should  fail  to  call  for  the  mount  due  him 
(or  her),  the  County  Superintendents  of  their  respect- 


97 

jve  counties,  shall  at  the  expense  and  request  of  said 
teacher  mail  the  said  teacher  a  registered  letter  or  check 
on  some  bank  in  their  respective  counties,  for  the 
amount  due  him  (or  her),  provided,  that  in  no  case 
shall  the  County  Superintendent  pay  a  teacher  or  mail 
him  (or  her),  a  registered  letter  or  check  unless  the 
said  teacher's  monthly  report,  duly  certified  to,  is  on 
file. 

Sec.  3. — That  all  laws  and  parts  of  laws  in  conflict 
with  the  provisions  of  this  act  be,   and   the   same   are 
hereby  repealed. 
'  Approved  March  24,  1903. 


q8 


Important  Opinions  of  tlie  Attorney 
General. 


August  12,  1903. 
STATE  TEXT  BOOK  LAW;  EXEMPTION  OF  CEK- 
TAIN  COUNTIES  FROM  OPERATION  OF. 

Hon  Isaac  W.  Hill, 

l^^tate  Superintendent  of  Education. 
Dear  Sir: 

Complying  with  your  request  I  proceed  to  give  you 
my  views  touching  the  matters  below  discussed. 

Under  the  act  of  the  Legislature  of  Alabama,  ap- 
proved February  18,  1891,  a  uniform  series  of  text 
books  was  provided  for  Marshall  county.  This  statute 
is  not  limited  to  any  given  period,  but  seems  to  have 
contemplated  a  permanent  text  book  system  for  Mar- 
shall county.  It  was,  therefore,  in  operation  and  effect 
on  March  4,  1903,  when  the  State  Text  Book  Law  was 
approved.  Under  the  last  named  statute  a  county 
which,  at  the  time  of  its  approval,  had  a  uniform  sys- 
tem and  had  entered  into  contracts  for  supplies  of 
books,  is  exempted  from  the  provisions  of  the  act  until 
the  expiration  of  such  contracts.  If  Marshall  county, 
acting  under  the  County  Statute,  had  contracts  for  the 
supply  of  school  books  on  March  4,  1903,  this  State  law 
will  not  apply  to  that  county  until  the  termination  of 
such  contracts,  unless  said  county  sees  fit  sooner  to  ac- 
cept the  provisions  of  the  State  law.  The  statute  evi- 
dently contemplated  thait  the  contract  which  it  refers 
to  should  be  a  written  contract,  certain  and  definite  in 
all  its  terms,  and  especially  as  to  the  time  it  should  run. 
If  the  county  has  a  contract  it  could  not  abandon  such 
contract  without  the  consent  of  the  other  party  to  it. 
Very  respectfully, 

Massey  Wilson^ 
Attorney  General. 


99 

November  6,  1903. 
APPOKTIONMENT  OF  COUNTY  SUPERINTEND- 
ENTS OF  EDUCATION. 

Hon  Isaac  W.  Hill, 

^upermiendent  of  Education, 

Dear  Sir: 

I  aicknowledge  letter  of  John  C.  Williams  to  you  of 
the  20th  ultimo,  relating  to  the  above  subject. 

The  Codei  provides  that  a  county  superintendent  for 
each  county  should  be  elected  at  each  general  election, 
unless  by  a  special  act  it  is  otherwise  provided. — Code, 
Section  3550.  Local  acts  provide  for  the  apportion- 
ment of  county  superintendents  in  some  of  the  counties. 
Sections  25  and  27  of  the  act  ''to  further  regulate  elec- 
tions in  the  State  of  Alabama,"  approved  October  9, 
1903,  provide  for  the  election  of  county  superintendents 
in  the  several  counties  in  the  State.  You  wish  to  know 
whether  this  statute  repeals  the  several  local  laws  pro- 
viding for  the  appointment  of  county  superintendents 
in  some  of  the  counties. 

There  is  no  provision  in  the  general  election  law, 
above  cited,  which  in  express  terms  repeals  the  local 
laws  referred  to.  If  it  repeals  such  laws  it  must  be  by- 
implication.  Repeals  by  implication  are  not  favored; 
and  the  repugnancy  between  two  statutes  should  be 
very  clear  to  warrant  a  court  in  holding  that  the  later 
in  time  repeals  the  other,  when  it  does  not  in  terms  pur- 
port to  do  so.  This  rule  has  peculiar  force  in  the  case 
of  laws  of  special  and  local  application,  which  are 
never  to  be  deemed  repealed  by  general  legislation  ex- 
cept upon  the  most  uneqaivocal  manifestation  of  intent 
to  that  effect.  I  do  not  think  the  several  local  laws 
providing  for  the  appointment  of  county  superintend- 
ents are  repealed. 

Yours  respectfully, 

Massey  Wilson, 
Attorney  General. 


lOO 

Januairy  23,  1904. 

TOWNSHIP    TRUSTEES;    EXEMPT    FROM    THE 
PAYMENT  OF  POLL  TAX;  RIGHT  TO  VOTE. 

Hon  Isaac  W.  Hill, 

i^upenntendent  of  Edtication. 
Dear  Sir : 

I  acknowledge  receipt  of  a  letter  from  Mr.  L.  M.  Ste- 
venson, Superintendent  of  Education  of  Randolph 
county,  addressed  to  you,  and  asking  whether  or  not 
Township  Trustees  are  required  to  pay  a  poll  tax  in 
order  to  be  qualified  to  vote.  You  request  me  to  give 
you  my  view  of  this  question. 

The  Constitution  declares  that  "to  entitle  a  person  to 
vote  at  any  election  by  the  people,  he  shall  have  *  * 
paid  on  or  before  the  first  day  of  February  next  preced- 
ing the  date  of  the  election  at  which  he  offers  to  vote, 
all  poll  taxes  due  from  him  for  the  year  1901,  and  for 
each  subsequent  year." — Constitution,  Section  178. 
And  that  "the  poll  tax  mentioned  in  this  article  shall 
be  one  dollar  and  a  half  upon  each  male  inhabitant  of 
the  State,  over  the  age  of  twenty-one  years,  and  under 
the  age  of  forty-five  years,  who  would  not  now  be  ex- 
empt by  law." — Constitution,  Section  194. 

So  it  will  be  seen  that  the  payment  of  the  poll  tax  is 
necessary  to  qualify  a  person  to  vote,  except  those  per- 
sons exempt  from  the  payment  of  poll  tax  on  the  date 
of  the  ratification  of  the  Constitution,  November  28, 
1901.  On  that  date,  and  for  many  years  prior  thereto, 
tlie  statute  was  in  force  which  exempts  Township  Trus- 
tees from  the  payment  of  poll  tax,  so  long  as  they  shall 
continue  in  office  and  perform  the  duties  thereof. 
Code,  Section  3575.  Township  Trustees  being  exempt 
from  the  payment  of  poll  tax  ait  the  date  of  the  ratifica- 
tion of  the  Constitution,  and  the  Constitution  declaring 
that  the  poll  tax  mentioned  therein  shall  be  |1.50  upon 
each  male  inhabitant  not  exempt  by  law,  I  am  of  the 
opinion  that  Township  Trustees  are  not  required  to  pay 
the  poll  tax  in  order  to  qualify  to  vote. 
Very  respectfully, 

Massey  Wilson, 
Attorney  General. 


lOl 

August  30,  1904. 

THE  APPORTIONMENT  OF  PUBLIC  SCHOOL 
FUNDS. 

Hon  Isaac  W.  Hill, 

Superintendent  of  Education^ 

Montgomery  J  Ala. 
Dear  Sir: 

I  have  investigated  the  question  of  the  method  of  ap- 
portionment of  the  Public  School  Funds,  and  respect- 
fully submit  my  conclusions  thereon. 

The  Constitution  of  1S75  contains  the  followinor  sec- 
tion :  "The  general  assembly  shall  establish,  organize 
and  maintain  a  system  of  public  schools  throughout  the 
State,  for  the  equal  benefit  of  the  children  thereof  be- 
tween the  ages  seven  and  twenty-one  years." — Constitu- 
tion 1875,  Article  XIII,  Section  1.  In  enumerating  the 
duties  of  the  Superintendent  of  Education,  he  was  re- 
quired to  apportion  the  public  school  funds  in  the  fol- 
lowing way:  "He  shall  annually  apportion  the  public 
school  fund  to  the  various  townships  and  school  dis- 
tricts, according  to  the  entire  number  of  children  of 
school  age,  and  shall  see  to  the  proper  disbursement  of 
the  same." — Code,  Section  3546,  sub-division  5.  It  will 
be  observed  that  under  the  provisions  above  cited,  the 
Superintendent  of  Education  apportioned  the  public 
school  fund  to  the  various  townships  and  districts,  with- 
out reference  to  the  counties  in  which  such  townships 
or  districts  were  located.  For  purposes  of  apportion- 
ment the  township  or  district  was  the  governmental 
sub-division  or  entity  to  be  dealt  with. 

There  is  a  material  difference  in  the  correspondng 
section  of  the  Constitution  of  1901  upon  this  subjieet, 
from  that  contained  in  the  Constitution  of  1875.  The 
present  Constitution  declares:  "The  Legislature  shall 
establish,  organize  and  maintain  a  liberal  system  of 
public  schools  throughout  the  State,  for  the  benefit  of 
the  children  thereof  between  the  ages  of  seven  and 
twenty-one  years.  The  public  school  fund  shall  be  ap- 
portioned to  the  several  counties  in  proportion  to  the 


I02 

number  of  children  of  school  age  therein,  and  shall  ba 
so  apportioned  to  the  schools  in  the  distrcts  or  town- 
ships in  the  county,  as  to  provide,  as  nearly  as  practica- 
ble, school  terms  of  equal  duration  in  such  school  dis- 
tricts or  towuships." — Constitution,  Section  256.  It  will 
he  noticed  that  the  Constitution  does  not,  in  express 
words,  declare  who  shall  apportion  the  fund  to  the  sever- 
al counties.  It  is  clear,  however,  that  the  intention  is  for 
the  Superintendent  of  Education  to  make  such  appor- 
tionment. He  made  the  apportionment  to  the  town- 
ships or*  districts  under  the  laiw  as  it  existed  at  the  time 
the  Constitution  became  effective,  and  the  supervision 
of  the  public  schools  is  vested  in  him  by  both  constitu- 
tional and  statutory  provisions.  He  should  apportion 
the  school  fund  to  the  several  counties  in  accordance 
with  the  section  of  the  Constitution  above  quoted. 

After  the  fund  has  been  apportioned  to  the  several 
counties,  the  Constitution  declares  it  shall  be  so  appor- 
tioned to  the  schools  in  the  districts  or  townships  in 
the  several  counties,  as  to  provide,  as  nearly  as  practi- 
cable, school  terms  of  equal  duration  in  such  school  dis- 
tricts or  townships.  The  Constitution  does  not  under- 
take to  prescribe  rules  to  accomplish  this  end.  It  de- 
clares the  principle  upon  w^hich  apportionment  to  the 
various  schools  in  the  county  shall  be  based  but  pro- 
vides no  machinery  for  carrying  such  principle  into 
practical  effect.  The  act  "to  provide  for  the  redistrict- 
ing  of  the  public  schools  of  the  State,  and  for  the  man- 
agement and  control  of  the  same,"  (General  Acts  1903, 
page  289,  Sections  10,  11  and  15),  creates  a  county 
I'oard  of  education  in  each  of  the  several  counties  of  tlie 
State,  and  defines  the  duties  of  such  board.  The  act 
gives  the  county  board  of  education  entire  control  of 
the  public  schools,  except  when  otherwise  provided  by 
law^,  gives  it  power  to  contract  with  teachers  and  make 
disbursements  of  the  public  fund  subject  to  its  approval. 
[t  does  not  in  express  terms  give  to  such  county  board 
the  power  to  apportion  the  public  school  fund  to  the 
several  schools  of  the  county,  but  I  think  the  power  to 
do  this  is  included  within  and  flows  from  the  very  broad 
and  comprehensive  terms  used  in  the  statute  that  define 


103 

its  powers  and  duties.  It  will  become  the  duty  of  the 
several  county  boards  to  apportion  the  public  scliool 
fund  to  the  schools  in  the  districts  in  the  various  coun- 
ties, in  such  a  way  as  to  provide,  as  nearly  as  practica- 
ble, school  terms  of  equal  duration  in  such  school  dis- 
tricts, after  the  Superintendent  of  Education  shall  have 
apportioned  the  fund  to  the  various  counties. 

Yours  respectfully, 

Massey  Wilson^ 
Attorney  General. 


Sept.  7th,  1904 

A  COPY   BOOK   IS   A  TEXT   BOOK,   AND   THAT 
ADOPTED  MUST  BE  USED  IN  THE  PUB- 
LIC  SCHOOLS   WHEN   WRITING 
IS   TAUGHT. 

Hon  Isaac  W,  Hill^ 

Superintendent  of  Education. 
Dear  Sir: 

Your  request  for  an  opinion  as  to  the  proper  construc- 
tion, in  the  particular  hereinafter  indicated,  of  the  re- 
cent act  of  the  Legislature,  providing  for  the  creation  of 
a  Text  Book  Commission,  and  to  procure  for  use  in  the 
public  free  schools  in  this  State,  a  uniform  series  of  text 
books,  has  been  received. 

The  facts  upon  which  information  is  desired  are  as  fol- 
lows : 

Under  this  act  the  Text  Book  Commission  selected 
and  adopted  for  use  in  the  public  schools,  a  copy  book 
published  by  Eaton  &  Company,  and  the  contract  was 
awarded  to  that  firm  to  furnish  these  copy  books  for  use 
in  the  public  schools  of  this  State,  for  a  period  of  five 
years. 

The  Text  Book  Commission,  in  construing  this  act  has 
held  that  it  w^as  permissible  to  teach  writing  in  the  pub- 
lic schools  of  Alabama,  without  copy  books,  and  in  some 
of  the  public  schools,  writing  has  been  taught  and  is  be- 


I04 

ing  taiigiit  without  using  the  copy  books,  selected  and 
adopted  by  the  Text  Book  Commission.  The  question 
for  considereation  is,  can  it  be  left  to  the  discretion  of 
school  boards,  or  teachers,  to  decline  to  use  any  text 
book  selected  and  adopted  by  the  Text  Book  Commis- 
sion, and  teach  such  branch  of  study  by  some  other 
method,  and  without  the  use  of  such  text  books  so  sel  ect- 
ed  and  adopted. 

It  is  declared  in  Sections  1, 16  and  17  of  the  act :  ^'that 
the  Governor,  State  Superintendent  of  Education,  and 
three  eminent  teachers  of  the  State  *  *  *  shall  be 
and  are  hereby  constituted  the  School  Book  Commission 
of  the  State  of  Alabama,  whose  duty  it  is  to  select  and 
adopt  a  uniform  series  or  system  of  text  books  for  use  in 
the  public  schools  of  this  State.  Said  commission  is 
hereby  authorized,  empowered  and  directed  to  select  and 
adopt  a  uniform  system  or  series  of  text  books  for  use 
in  the  public  schools  in  this  State,  as  above  indicated, 
and  when  so  selected  and  adopted,  the  said  text  books 
shall  be  used  for  a  period  of  five  years  in  all  the  public 
schools  of  this  State,  and  it  shall  not  be  lawful  for  any 
officer,  director  or  teacher,  to  use  any  other  books  upon 
the  same  branches  other  than  those  adopted  by  said  State 
Text  Book  Commission.  Said  uniform  series  shall  in- 
clude the  following  branches  of  study,  to^wit : 

'^Orthography,  reading,  writing,  arithmetic,  geog- 
raphy," etc.  ''That  any  person  or  teacher  violating  the 
provisions  of  this  act,  shall  become  guilty  of  a  misde- 
meonor,  and  upon  conviction,  be  punished  by  a  fine  of  not 
less  than  ten  dollars  nor  more  than  fifty  dollars." 

"That  any  teacher  who  shall  use  or  permit  to  be  used 
in  his  or  her  school,  any  text  book  upon  the  branches 
embraced  in  this  act,  where  the  Commision  has  adopted 
a  book  on  that  branch  other  than  the  one  so  adopted, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction, 
punished  as  provided  for  in  Section  16  of  this  act." 

It  will  be  observed  that  Section  1  of  the  act  specially 
provides — 

First — For  the  appointment  of  a  Text  Book  Commis- 
sion. 

Second — It  is  made  the  duty  of  said  Text  Book  Com- 
mission to  'select  and  adopt  a  uniform  series  or  system 


I05 

of  text  books  for  use  in  the  public  schools  of  Alabama." 

Third — The  State  Commission  is  authorized,  empow- 
ered and  di/rected  to  select  and  adopt  a  uniform  system 
or  series  of  text  books  for  use  in  the  public  schools  of 
this  State. 

Fourth^When  said  text  books  are  so  selected  and 
adopted  they  "shall  he  used  for  a  period  of  five  years  in 
all  of  tlie  public  schools  of  this  State." 

Fifth — It  is  further  provided  that  it  shall  not  be  law- 
ful for  any  school  officer,  director  or  teacher  to  use  any 
other  books  upon  the  same  branches  other  than  those 
adopted  by  the  State  Text  Book  Commission. 

Sixth — Said  uniform  series  shall  include  the  follow- 
ing branches  of  study  to-wit:  "Orthography,  reading, 
writing,  arithmetic,  geography,"  etc. 

It  is  clearly  the  legislative  intent  that  the  system  of 
teaching  these  several  branches  shall  be  uniform  in  all 
the  public  schools  in  this  State,  and  to  that  end,  it  is 
made  mandatory  that  the  text  books  selected  and 
adopted  by  the  Text  Book  Commission,  shall  be  used  for 
a  period  of  fiYQ  years,  in  the  public  schools,  to  the  exclu- 
sion of  all  other  books  upon  the  same  branches. 

It  is  also  clearly  the  legislative  intent  that  the  books 
adopted  should  be  used  in  said  public  schools  in  order 
to  secure  said  text  books  at  a  cheaper  price  than  hereto- 
fore prevailed,  and  the  mandatory  requirement  that 
these  books,  when  selected  and  adopted,  shall  be  used 
for  a  period  of  five  years,  wa^  supposed  to  be  an  induce- 
ment to  the  various  publishers  to  bid  for  the  books  at 
a  lower  cost  than  they  could  be  bought  at  retail.  If  it 
were  held  that  a  teacher  could  refuse  to  teach  arithme- 
tic, or  for  that  matter,  any  other  text  book  selected  and 
adopted,  and  teach  that  particular  branch  of  study  by 
a  process  of  his  own,  independently  of  any  book,  this 
(construction  would  emasculate  the  law,  and  leave  it  to 
the  discretion  of  each  school  board,  or  teacher,  to  deter- 
mine whether  or  not  he  could  teach  arithmetic  "out  of 
his  head,"  by  a  higher  or  better  process  than  by  the 
books  selected  and  adopted  by  the  Text  Book  Commis- 
sion, and  thereby  destroy  the  uniformity  in  teaching 
this  branch.     This  intent  is  made  still  more  specific  and 


io6 

clear  by  Section  16  of  the  act,  which  provides  that  any 
pei^^on  or  teacher  violating  the  pro\iSiOiis  of  this  acr, 
shall  be  guilty  of  a  misdemeanor,  and  as  a  further  guar- 
antee that  the  text  books  adopted  and  selected  by  the 
Commission,  shall  be  used  in  the  public  schools  of  this 
State,  Section  17  of  the  act  makes  it  a  misdemeanor  for 
any  teacher  to  use  or  permit  to  be  used  in  his  or  her 
school,  any  text  book  upon  the  branches  embraced  in 
thiis  act,  other  than  those  adopted. 

The  legislature  has  unlimited  and  exclusive  power 
to  select  the  text  books  to  be  used  in  the  public  schools, 
and  to  compel  the  use  of  the  books  selected.  In  the:  ex- 
ercise of  this  power  by  the  enactment  before  referred  to, 
our  court  declares,  "in  the  case  of  Dickinson  v.  Cunning- 
ham (in  M.  S..)  :  "Two  things  are  very  clear  to  our 
minds:  one,  that  the  legislature  meant  to  provide  an 
exclusive  privilege  in  order  to  secure  books  at  the  best 
prices;  the  other,  the  legislature  meant  to  prevent  the 
possibility  of  any  break  in  the  uniformity  of  the  system 
framed  by  the  statute." 

The  question  arises,  therefore,  as  to  whether  or  not 
the  copy  book,  selected  and  adopted  by  the  Text  Book 
Commission  for  the  uniform  system  or  series  of  writing 
to  be  taught  in  the  public  schools  of  this  State,  is  a  text 
book.  Of  this  there  is  no  doubt.  Webster  defines  a 
text  book  to  be  any  manual  of  instruction;  an  educa- 
tional treatise ;  a  school  book.  The  Century  Dictionary 
defines  it  to  be  a  book  used  by  students,  as  a  standard 
work  for  a  particular  branch  of  study;  a  manual  of  in- 
struction. It  is  also  there  defined  to  be  a  book  con- 
taining a  "Text  or  Texts,"  and  one  of  the  definitions 
there  given  of  the  text,  is  "formal  handwriting."  The 
legal  definition  of  a  book  is  much  more  comprehensive, 
and  greater  than  the  popular  idea  of  a  book.  A  single 
sheet  of  music  has  been  held  to  be  a  book  within  the 
pur\iew  of  the  law. —  (A.  &  E.  Enc.  of  I^aw,  2d  ed.,  Vol. 
4,  pp.  703-704.  ) 

The  Supreme  Court  of  Illinois  in  an  able  opinion 
(The  People  ex  rel.  v.  Board  of  Education,  175  111.  9), 
held  that  a  copy  book  was  a  text  book  within  the  mean- 
ing of  the  law  of  that  State,  which  is  very  similar  to  the 
law  of  Alabama  upon  this  subject.     It  is  my  opinion, 


I07 

tlierefore,  that  the  copy  book  of  Eaton  &  Co.,  selected 
and  adopted  by  the  Text  Book  Commission,  must  be 
used  and  taught,  in  all  the  public  schools  of  this  State, 
wherever  writing  is  taught,  and  that  it  does  not  lie  in 
the  discretion  of  any  school  board  or  teacher  to  provide 
for  R.  different  method  of  teaching  writing,  or  to  decline 
the  u  ^e  of  these  copy  books  in  teaching  that  branch.  The 
contrary  view  would  make  possible  a  ''break  in  the  uni- 
fomity  of  the  system,"  which  our  Supreme  Court  says 
the  legislature  meant  to  prevent. 

Respectfully  yours, 

Massey  Wilson, 

Attorney  General. 


September  24,  1904. 
ilon  Isaac  W.  Hill, 

Superintendent  of  Education. 
Dear  Sir: 

I  have  your  favor  of  the  22d  inst.,  requesting  my  opin- 
ion of  the  questions  below  quoted : 

"First. — Can  any  of  the  books  that  have  been  adopted 
by  the  State  Text  Book  Commission  for  the  use  of  the 
public  schools  of  the  State,  be  purchased  from  any  per- 
son or  dealer  other  than  the  publisher  having  the  con- 
tract with  the  State  to  furnish  such  books,  or  his  duly 
constituted  and  appointed  depositories,  or  regularly 
and  duly  constituted  agents  throughout  the  counties  of 
Alabama,  and  be  used  hj  a  pupil  or  teacher  in  the  pub- 
lic schools  of  Alabama? 

"Second. — If  any  of  the  books  that  have  been  adopted 
by  the  State  Text  Book  Commission  for  use  in  the  pub- 
lic schools  of  the  State,  having  printed  or  stamped  upon 
them  statements  of  the  price  and  that  they  are  supplied 
under  the  contract  with  the  State,  are  sold  by  a  dealer 
other  than  a  duly  appointed  agent,  or  through  channels 
other  than  those  provided  by  law  and  under  contract, 
and  as  a  matter  of  fact  they  are  not  furnished  by  the 
publisher  or  supplied  to  said  dealer  or  person  offering 
them  for  sale  through  the  agencies  adopted,  is  the  dealer 
cr  said  personi  so  SiPllirg  such  bcok,  guilty  '^f  a  violation 
of  the  statute,  in  such  sort  as  to  make  him  subject  to 
conviction  for  a  misdemeanor  under  said  statute?" 


io8 

(1.)  The  Supreme  Court  of  Alabama  has  ansAvered 
the  first  question  in  the  negative.  It  is  decided  in  the 
case  of  Dickinson  v.  Cunningham  (in  MS)  that  if  abook 
adopted  by  the  State  Text  Book  Commission  was  pur- 
chased from  a  person  or  dealer  other  than  the  contractor 
and  was  not  supplied  through  a  depository  or  agency, 
such  book  could  not  be  taught  in  the  pubic  schools.  It 
follows  that  it  would  be  a  misdemeanor  to  use  a  book  so 
obtained  in  the  public  schools  of  this  State. 

(2.)  Under  the  Text  Book  Statute,  and  the  con- 
tracts made  with  publishers  pursuant  to  it,  the  success- 
ful bidders  for  the  privilege  of  supplying  books  for  the 
public  schools  have  the  exclusive  right  to  supply  such 
books  for  that  purpose. —  (Dickinson  v.  Cunningham, 
supra;  Clark  v.  Haworth,  7  L.  R.  A.,  240).  While  this 
exclusive  privilege  may  result  in  benefit  to  the  con- 
tractor, it  is  supposed  to  be  of  corresponding  benefit  to 
the  public  by  enabling  the  patrons  of  the  public  schools 
to  get  better  and  cheaper  books.  The  contractors  are 
under  bond  in  a  large  penalty  to  execute  the  contracts 
on  their  part.  Books  furnished  under  these  contracts 
are  required  to  come  up  to  the  standard  of  quality  and 
excellence  of  the  samples  furnished  with  the  bids  and 
preserved  by  the  Secretary  of  State.  To  make  it  easier 
to  fix  liability  on  the  contractors  for  a  violation  of  the 
statute,  or  of  their  contracts,  and  a  safe-guard  against 
the  introduction  into  the  schools  of  books  other  than 
those  adopted,  it  is  required  that  such  contractors  shall 
cause  to  be  printed  upon  every  book  furnished  under 
their  contracts  the  contract  price,  the  exchange  price, 
and  the  fact  that  the  price  is  fixed  by  state  contract,  and 
a  re(}uest  that  deviations  therefrom  shall  be  reported  to 
the  school  authorities.  If  a  dealer  who  is  not  a  con- 
tractor, or  a  designated  depository,  or  a  duly  constitu- 
ted agency,  as  provided  for  in  the  statute,  should  pro- 
cure books  from  some  source  other  than  the  regular 
channels  provided  in  the  law,  and  himself  cause  to  be 
printed  upon  such  books  the  matter  required  to  be 
printed  upon  books  sold  under  contract,  and  sell  such 
books  as  if  the  same  were  sold  pursuant  to  the  text  book 
law,  I  think  such  conduct  would  be  a  violation  of  the 
provisions  of  the  act:     Section  16  of  the  act  declares 


I09 

that  any  person  violating  its  provisions  shall  be  guilty 
of  a  misdemeanor.  I  think,  however,  that  books  which 
have  been  sold  or  supplied  by  a  contractor  with  the 
State,  or  through  his  depository  or  agency,  and  which 
come  up  to  the  tests  of  the  text  book  law,  may  be  sold 
^^'ithin  the  Statei  by  any  person  or  dealer  who  may  have 
become  the  owner  of  such  books,  without  being  subject 
to  criminial  liability.  Neither  do  I  mean  to  say  that  the 
mere  sale  of  the  adopted  books  by  any  dealer  would  be 
a  violation  of  the  law,  although  such  books,  unless  sup- 
plied under  the  contracts  with  the  State,  could  not  be 
used  in  the  public  schools.  It  is  the  printing  upon 
adopted  books  by  persons  who  are  not  contractors,  the 
matter  required  to  be  printed  upon  them  by  the  con- 
tractors, and  the  selling  of  such  books  under  and  as  in 
compliance  with  the  statute  by  persons  who  are  not  con- 
tractors (privileges  given  exclusively  to  the  contract- 
ors) wiiich  I  think  a  violation  of  the  law. 
Very  respectfully, 

Massey  Wilson^ 
Attorney  General. 


September  28,  1904. 
APPORTIONMENT    OF    SPECIAL    SCHOOL   TAX. 
Hon.  Isaac  W.  Hill^ 

Superintendent  of  Education. 
Dear  Sir : 

I  am  of  the  opinion  that  funds  raised  by  the  levy  of 
a  special  tax  for  the  support  of  public  schools  under  the 
act  approved  October  1,  1903,  should  be  apportioned 
in  substantially  the  same  w^ay  as  the  general  school  fund 
is  apportioned :  that  is,  to  the  districts  in  the  county 
which  are  not  governed  by  the  general  school  law  in  the 
proportion  which  the  school  population  of  such  districts 
bears  to  the  entire  school  population  of  the  county,  and 
that  the  remainder  of  the  funds  should  be  apportioned 
to  the  several  districts  in  the  county  which  are  gov- 
erned by  the  general  law  in  the  same  proportion  that 
the  general  fund  has  been  apportioned  by  the  county 
board  of  education  to  such  districts. 
Very  respectfully, 

Massey  Wilson, 
Attorney  General. 


no 

THE    STATE    OE    ALABAMA — JUDICIAL    DEPARTMENT. 

THE  SUPKEME  COURT  OF  ALABAMA. 

November  Term,  1904-5. 
8  Div.  61. 

G.  A.  Gibson  et  al., 

V. 

Jay  Mabrey,  et  al. 
Appeal  from  Marshall  Chancery  Court. 

SIMPSON,  J.— This  was  a  bill  filed,  by  G.  A.  Gibson, 
J.  E.  Buckalew  and  J.  B.  Geiger,  who  allege  that  they 
are  the  district  trustees  for  school  district  No.  43,  in 
Marshall  county,  Alabama,  and  are  also  resident  citi- 
zens of  said  school  district,  taxpayers  therein,  and  pa- 
trons of  the  public  schools  in  said  district,  having  chil- 
dren therein  within  the  school  age,  against  J.  Mabrey 
as  county  superintendent  of  education  and  as  chief  ex- 
ecutive officer  of  the  county  board  of  education  of  said 
county,  and  Cicero  P.  Bales,  J.  M.  McCamey,  Virgil 
Dickson  and  F.  E.  Oliver,  the  individual  members  com- 
posing said  board,  and  Walter  Amos. 

The  Redistricting  Board,  provided  by  Section  2  of 
the  Act  of  1903,  p.  289,  divided  said  county  into  school 
districts,  and,  in  the  district  in  question,  located  one 
school  house. 

The  Distr-ict  Trustees  provided  for  by  Section  6  of 
said  Act,  not  being  satisfied  with  the  arrangement  of 
having  only  one  school  in  said  district,  entered  into  a 
contract  with  a  teacher  to  teach  a  school  at  another 
place  in  said  district,  which  contract  was  disapproved 
by  the  county  board,  provided  for  by  Section  10  of  said 
Act. 

Subsequently  the  county  board  entered  into  a  con- 
tract with  the  defendant,  Walter  Amos,  to  teach  at  the 
place  fixed  by  the  said  redistricting  board  for  the  school 
house  in  said  district. 

The  bill  seeks  to  enjoin  the  county  superintendent  of 
education  from  paying  any  of  the  funds,  belonging  to 
the  public  school  fund  of  said  district  to  said  Walter 
Amos,  or  any  other  person,  unless  said  person  has  been 
employed  by  them  to  teach  a  public  school,    and    such 


Ill 

contract  lias  been  approved  by  said  county  board;  also 
prays  tliie;  court  to  '^decree  that  said  county  board  of  ed- 
ucation has  no  right  ta  prohibit  the  employment  of  more 
than  one  teacher  in  said  school  district,  or  to  prohibit 
the  employment  of  a  teacher  or  teachers  to  teach  more 
than  one  public  school  in  said  district,  and  that  they  be 
required  and  commanded  to  approve  said  employment 
of  a  teacher  by  complainants,  as  district  trustees,  where 
their  approval  has  been  withheld  only  on  the  ground 
that  the  school  was  not  contracted  to  be  taught  at  the 
place  designated  by  the  said  redistricting  board  provi- 
ded for  by  said  Section  2  of  said  Act."  Also  that  they 
be  enjoined  in  the  future,  from  employing  any  such 
teachers,  and  from  directing  their  payment;  also  that 
the  county  superintendent  be  enjoined. 

The  contention  of  the  appellant  is  that  the  new  law 
is  only  an  amendment  of  the  old,  and,  (although  there 
was  no  such  officer  under  the  old  law  as  district  trustee, 
and  although  the  township  trustees,  under  the  old  law, 
did  not  have  the  power  to  decide  the  number  of  schools 
to  be  held  in  a  township,  but  had  to  call  a  meeting  of 
the  parents  and  guardians  to  attend  to  that  matter,  and 
although,  under  the  old  law,  the  action  of  said  township 
trustees,  in  case  the  parents  and  guardians  failed  to  act 
was  subject  to  an  appeal  to  the  county  superintendent, 
Code  of  1896,  Sections  3560,  3565)  that  the  district 
trustees  have  a  right  to  establish  another  school  in  a 
^choal  district,  make  a  contract  with  a  teacher  and  de- 
mand that  he  be  paid  out  of  the  school  funds. 

The  Act  of  1903  is  clearly  a  restatement  of  the  entire 
law  on  the  subject  of  the  redistricting  of  the .  public 
schools,  and  in  regard  to  the  management  and  control 
of  the  same,  and  was  intended  to  set  up  a  new  system, 
so  that  whatever  power  any  school  officer  may  have  on 
these  subjects  must  be  derived  from  this  act.  The  du- 
ties of  the  district  trustees  are  specifically  enumerated 
in  sections  7,  8,  9  and  10  of  said  Act,  and  there  is  no  in- 
timation of  any  power  in  them  to  determine  how  many 
schools  shall  be  in  the  district,  and  they  are  authorized 
to  employ  teachers  only  "subject  to  the  approval  of  the 
county  board.''  So  that,  even  after  the  location  of  the 
school  has  been  fixed,  any  contract  made  by  them  with 


112 

a  teacher  is  merely  tentative,  until  it  is  approved  by 
the  county  board.  Where  then  does  rest  the  power  to 
regulate  these  matters?  Sections  2,  3.  4  and  5  provide 
for  "redistricting  boards"  and  their  duties,  and  al- 
though it  seems  to  have  been  customary  for  them  to  fix 
the  place  for  the  schools,  yet  there  is  no  specific  direc- 
tion for  them  to  locate  the  schools.  This,  however,  is 
immaterial,  as  the  county  board  could  adopt  the  loca- 
tion by  them  or  adopt  another,  as  they  deem  best. 

Section  11  of  the  Act  provides  that  the  county  board 
of  education  "shall  have  entire  control  of  the  public 
schools  Avithin  their  respective  counties,  unless  otherwise 
provided  by  law.  They  shall  make  rules  and  regula- 
tions for  the  government  of  the  schools,  see  that  the 
teachers  perform  their  duties,  and  exercise  such  powers 
consistent  with  the  law,  as,  in  their  judgment,  will  best 
subserve  the  cause  of  education." 

It  is  very  clear  that  the  matter  of  the  location  of  the 
schools  in  the  several  districts,  does  not  come  within  the 
powers  conferred  on  the  district  trustees,  but  under  the 
comprehensive  powers  given  to  the  county  board  is  a 
deliberative  body  charged  with  the  duty  of  determining 
whether  the  employment  by  the  district  trustees  of  a 
teacher  is  such  as,  in  the  furtherance  of  the  educational 
interests  of  the  district,  should  be  approved.  Conse- 
quently, their  reasons  for  approving  or  disapproving 
cannot  be  inquired  into. 

The  statute  makes  it  the  duty  of  the  ditsrict  trustee^ 
to  employ  teachers,  subject  to  the  approval  of  the  county 
board,  but  it  is  their  duty  to  employ  the  teacher  to  teach 
at  the  place  fixed  by  the  county  board.  It  is  true  that 
trustees  may  become  obdurate,  and,  by  failure  to  work 
in  harmony,  defeat  the  object  of  the  law  to  have  a  school 
taught  in  each  district,  yet,  in  the  matter  of  the  selec- 
tion of  teachers,  the  intention  of  the  lawmakers  in  the 
passage  of  this  Act  appears  to  be  that  it  shall  require 
the  concurrence  of  both  the  district  trustees,  and  the 
county  board,  to  the  selection  and  employment  of  a 
teacher. 

It  is  true  that  the  powers  granted  to  the  county  board 
of  education  by  Section  11  are  very  comprehensive,  yet, 
as  the  previous  section  makes  it  the  duty  of  the  district 


113 

trustees  to  employ  the  teachers,  we  hold  that  the  general 
powers  given  to  the  county  board  do  not  deprive  the 
district  trustees  of  the  right  to  employ  the  teacher  sub- 
ject to  the  approval  of  the  county  board,  nor  authorize 
the  county  board  to  employ  one. 

It  results  that  the  7th  cause  of  demurrer  to  the  bill 
should  have  been  overruled,  and  the  1st,  2d  and  3d 
causes  were  properly  overruled.  The  4th  cause  should 
have  been  overruled,  and  the  5th  and  6th  causes  were 
properly  sustained,  and  the  8th  should  have  been  over- 
ruled. 

The  chancellor  erred  in  sustaining  the  motion  to  dis- 
miss the  bill. 

The  decree  of  the  court,  in  so  far  as  it  sustained  the 
demurrer  to  the  bill  is  affirmed,  but  in  so  far  as  it  sus- 
tained thei  motion  to  dismiss  the  bill  the  decree  is  re- 
versed and  a  decree  will  be  here  rendered  overruling!  the 
motion  to  dismiss  the  bill. 

Affirmed  in  part,  and  reversed  in  part  and  rendered. 

McClellan^  C.  J.,  Tyson  and  Anderson^  J  .J.,  con- 
curring. 

To  be  reported. 


THE  STATE  OF  ALABAMA — JUDICJIAL  DEPARTMENT. 

^  THE  SUPREME  COURT  OP  ALABAMA. 

November  Term,  1904-5. 
4  Div.  960. 

J.  C.  Brown, 

V. 

J.  M.  Sanders,  Superintendent  of  Education,  etc. 

Appeal  from  Pike  Law  Court. 

ANDERSON,  J.— The  school  taught  by  the  relator  is 
located  within  the  territory  described  in  the  Act  of  1884- 
85,  page  454,  making  the  same  a  separate  school  dis- 
trict. 


114 

Section  19  of  the  Act  of  1903,  page  294,  says :  ^^The 
provision  of  this  Act  shall  not  apply  to  any  county 
heretofore  districted  by  law  and  which  has  a  special  levy 
from  the  county  for  the  support  of  the  public  schools  or 
to  school  districts  heretofore  established  by  law,'' 

Since  the  district  in  which  the  school  in  question  is 
located,  was  established  before  the  passage  of  the  last 
mentioned  Act,  it  has  no  application  to  said  district, 
and  the  county  board  of  education  had  no  authority  to 
select  the  relator  as  a  teacher  for  that  school,  or  to  enter 
into  a  binding  contract  in  reference  to  a  school  in  said 
district.  The  relator  has  not  made  out  a  case  that 
would  entitle  him  to  the  relief  sought. 

The  judgment  of  the  court  below  is  affirmed. 

McOlellan,  C.  J.,  Tyson  and  Simpson^  J.  J.,  con- 
curring. 

To  be  reported. 


November  18,  1904. 
COUNTY   SUPERINTENDENTS   OF   EDUCATION. 

Hon.  Isaac  W.  Hill, 

Supcrhitcudcnt  of  Education. 
Dear  Sir: 

I  think  the  terms  of  those  of  the  County  Superintend- 
ents who  are  elected  and  governed  by  the  general  law 
(Section  3551  of  the  Code),  expired  on  the  first  day  of 
October,  of  this  year;  and  that  successors  who  were 
elected  at  the  November  election  of  the  present  year  are 
entitled  to  their  offices  as  soon  as  they  qualify. 

If  tlie  incumbents  do  not  surrender  the  offices,  I  thi -^k 
it  will  be  necessary  for  their  successors  to  take  such 
legal  steps  as  may  be  required  to  obtain  possession  of 
the  offices,  and  of  the  books  and  papers  pertaining 
thereto.  Without  possesson  of  these  it  will  be  impos- 
sible for  the  newly  elected  officers  to  discharge  the  du- 
ties of  the  offices,  and  in  the  meantime,  (in  order  that 
the  public  business  may  not  suffer)   I  think  you  may 


115 

properly  continue  to  transact  the  necessary  business  of 
the  offices  through  the  incumbents.     They  are  at  least 
defacto  officers,  and  their  acts  as  such  will  doubtless  be 
valid  so  far  as  the  public  is  concerned. 
Very  respectfully, 

Massey  Wilson^ 
Attorney  General. 


June  26,  1905. 

TAX  OFFICER'S  COMMISSIONS  FOR  COLLECT- 
ING SCHOOL  TAX. 

Hon.  Isaac  W.  Hill, 

Superifitendent  of  Education. 
Dear  Sir: 

I  beg  to  acknowledge  letter  from  Mr.  John  C.  Wil- 
liams, Superintendent  of  Education  for  Talladega 
county,  to  you  concerning  commisisions  to  be  allowed  the 
assessor  and  collector  for  assessing  and  collecting  the 
special  school  tax  in  Talladega  county. 

The  question  should  have  been  addressed  to  the  State 
Auditor.  -  The  tax  officers  are  required  to  make  settle- 
ments through  his  office,  and  he  will  have  to  determine 
what  commissions  are  allowable.  It  is  my  idea,  how- 
ever, that  in  estimating  the  assessor's  commissions  the 
aggregate  of  this  and  all  other  assessments  should  be 
taken,  and  that  the  commissions  should  not  be  allowed 
on  the  school  tax  separately,  and  that  the  collector  is 
entitled  to  two  per  cent  for  collecting  the  special  schck)! 
tax.  General  Acts,  1903,  p.  352;  Code,  Sections  3925 
and  2997. 

Yours  truly, 

'Massey  Wilson, 

Attorney  General. 


ii6 


INDEX. 


Agriculture,  teach ing  of,  in  places  of  500  popula- 
tion and  over,  provided  for 78 

Attorney-General's  rulings 98. 

Benefits  und(S'  act  providing  for  sale  of  16th  sec- 
tion lands  containing  or  supposed  to  con- 
tain niinc^rals 91 

Construction  of  school  houses,  title  of  an  act 95 

(;urry,  Jabez  Lamar  Monroe,  memorial  statute  of, 

in  Statuary  Hall  in  Washington,  D.  C 88 

I>i strict s  in  new  counties,  provision  for  regulation 

of 87 

District  Agricultural  Schools,  boards  of  control  of, 

how  constituted,  etc 77 

Elections  to  levy  special  tax  for  support  of,  pro- 
vided  for 79 

Election  of  County  Commissioners,  Boards  of  Rev- 
enue, and  County  SuiJerintendents  of  Edu- 
cation elected  on  first  Tuesday  in  Novem- 

vember,  1902,  ratified  and  confirmed 87 

Establishment  of,  in  townships,  and  provisions 
for    regulation    thereof  by    trustees    under 

Sec.  3562,  Code,  as  amended 94 

Examination  law 41 

Form  of  16th  Section  note 57 

Form  of  certificate  of  purchase  16th  section  land. .     58 
Form  of  report  of  sale  State  16th  section  land.  ...     58 

Form  of  16th  section  bond 59 

Form  of  lease  16th  section  lands 60 

Instructions  regarding  Examination   law 51 

Law  fixing  minimum  term 55 

Law  re(juiring  Normal  graduates  to  procure  certi- 
ficates       56 

Law  amending  Sec.  3602  of  Code 56 

Monthly  payment     of  teachers 96 


RULINGS  OF  ATTORNEY  GENERAL. 
Municipalities  authorized   to   levy  special  tax  for 
purchase  of  property  for,  and  maintenance 
of    90 


Normal,  two  extra  periods  of  exammation  for  ap- 
plicants to  teach,  provided  for 78 

Pay  rolls  and  payment  of  teachers,  under  See's. 

3610  and  3612,  Code,  as  amended 95 

Kedistriction  of,  provision  for 82 

Rules  of  State  Board  of  Examiners 48 

State    Text  Book    Commission  created    in  interest 

of,  and  provisions  as  to 62 

Summer  school  for  teachers,  at  University  of  Ala- 
bama        75 


GENERAL  PROVISIONS. 

SECTION. 

Appropriation  for  public  schools 3539 

Appropriations  when,  accrue,  and  placed  to  cred- 
it of  educational  fund 3540 

General  designation  of  officers  for  administration 

of  public  schools 3541 

Normal  schools ;  amount  for  support  of,  set  apart 

out  of  educational  fund 3602 

Public  schools;  appropriation  for 3559 

Officers  for  administration  of, 

general  designation  of 3541 

Scholastic  periods  what,  are 3598 

School   fund;   when   appropriations  accrue,    and 

place  to  the  credit  of 3540 

SUPERINTENDENT  OF  EDUCATION. 

Alcoholic  drinks,  etc.,  shall  make  provision  for 
instructing  people  as  to  effect  of,  upon  hu- 
man system Subd.  3     3546 

Biennial  reports  to  be  made  by,  to  governor;  con- 
tents of 3547 

printed  and  distributed 3548 

Bond  of;  by  whom  approved,  etc.,  where  filed.  . .     3543 
Books  of  county  superintendent  subject  tO'  exami- 
nation by  superintendent. 3558 

Clerks,  authorized  to  employ;  salaries  of 3545 

Constituiton,  State  and  Federal,  shall  make  pro- 
visions for  instructing  pupils  in — Subd.  4     3546 


ii8 

County  Superintendent,  may  remove,  when ....     3551 

require  new  or  addition- 
al bonds  of ;  effect  of  no- 
tice to  give 3554 

fixes  and  approves  bond 

of 3552     3553 

County  Superintendent,  shall  fill  vacancy  in  office 

of;  term  of  appointee.  . .     3559 
books  and  accounts  of, 
subject  to  examination 

by 3558 

Duties  of,  generally 3546 

as  to  apportionment  and  disbursement  of 

school  funds 3601-3623 

and  powers    of,  as  to     sale  and  lease    of 

school  indemnity  lands 2661-3666 

Enumeration,  new,  of  children,  when  may  order; 

expense  of,  how  paid 3574 

Fixes  amount  of,  and  approves  bond  of  county 

superintendents 3552,     3553 

Hygiene  and  physiology,  shall  make  provisions 

for  instinicting  pupils  in,  etc.,  Subd.  3 .  . . .     3546 

May  remove  county  superintendent,  when 3551 

re(iuire  new  or  additional  bond  of  county 

superintendent 3554 

effect  of  notice  to  ?ive 3554 

Oath  of  office   3543 

Office,  books,  papers,  and  records 3544 

Patent,  when  certificate  by,  necessary  to  issue  of, 

for  school  lands 3654 

Salary  of : 3542 

School  fund,  duties  as  to  appointment  and  dis- 
bursement of 3601-3623 

indemnity  lands,  duty  and  powers  as  to 

sale  and  lease  of 3661-3666 

Shall  fill  vacancies  in  office  of  county  superin- 
tendent      3559 

Term  of  office  of 3542 

Vacancy  in  office  of,  filled,  by  governor;  term  of 

appointee 3549 

county  superintendent  filled  by  superin- 
tendent        3559 


119 

COUNTY  SUPERINTENDENT. 

ALiiiual  report,  etc.,  required  to  make.  . .  .Subd.  6  3556 

forfeiture  for  failure  to  make 355T 

Appeal  from  townshij)  trustees  for  each  toAvu- 

sliip  or  other  school  district 3560 

members  of  county  boards  of  education.  .  3583 

Apportions  funds  unused  for  tAvo  years ;  report  of  3619 

Approves  contract  with  teachers 3569 

Board  of  Education,  county,  president  of 3583 

members  of,  appointed  by.  .  .  .  3583 

Bond  of;  amount  fixed  by  superintendent  of  edu- 
cation ;  conditions,  etc 3552 

approval,  filing,  and  record  of 3553 

new  or  additional,  may  be  required;  ef- 
fect of  notice  to  give 3554 

Books  and  accounts  of,  may  be  examined  by  su- 
perintendent of  education,  etc 3558 

Compensation  of,  when  may  be  used  by,  etc 3555 

County  board  of  education,  president  of 3583 

members  of,  appointed  by 3583 

Decision  on  appeal  from  township  trustees  final  3565 

Duties  of,  generally 3556 

as   to  bonds  of  township   trustees,   when 

lands  about  to  be  sold  or  leased 3659 

making' pay  rolls,  paying  teachers,  etc. 3610-3616 

Election  of,  unless  special  act  for  appointment.  .  3550 
term  of  office;  superintendent  of  education 

may  remove,  etc 3551 

Enumeration  of  children ;  must  report,  to  super- 
intendent of  education,   when 3573 

Funds  unused  for  two  years  apportioned  by;  re- 
ports of ' 3619 

Must  make  to  superintendent  of  education  report 

of  enumeration 3573 

Oath  of  office  and  bond 3552 

Penalty  for  failing  to  make  pay  rolls,  sign  re- 
ceipts or  pay  teachers 3616 

President  of  county  board  of  education 3583 

teachers'  institutes 3591 

Teachers,  approves  contracts  with 356^ 

institutes,  president  of 3591 


120 

Term  of  office  of ;  may  be  removed  by  superintend- 
ent of  education,  when   3553 

Township  trustees ;  appoints  three  for  each  tow^n- 

ship   or  other  school  district     3560 
decision  on  appeal  from,  final     3565 
duty   as  to  bonds  of,   when 
lands  about  to  be  sold  or 

leased  by 3659 

Vacancies  in  office  of;  how  filled;  term  of  ap- 
pointees       3559 


TOWNSHIP  TRUSTEES. 

Appointment  of  three,  for  each  township  or  dis- 
trict, by  county  superintendent ;  term ....     3560 

Bonds  must  be  given  by,  when  school  lands  about 

to  be  sold  or  leased 3659 

Compensation  of,  for  holding-  election  and  making 

sale  of  lands;  penalty  for  certain  defaults    3650 

Contracts  with  teachers ;  contract  for  trausferred 

pupils 3569 

Duties  and  powers    of,  as  to    lease  and    sale  of 

school  lands 3625-3660 

Each  district  under  management  of,  as  to  matters 

connected  with  public  schools 3594 

Employing  teachers  and  opening  schools,  rules  in 

reference  to 3568 

Enumeration,  must  make,  of  children  within  edu- 
cational age;  when     3573 
report  of,  to  county  su- 
perintendent;  w^hen     3573 
county  superintendent  must  report, 

to  superintendent ;  when 3573 

Enumeration,  new,  may  be  ordered  by  superin- 
tendent, when;  expense  of;  how  paid. . .  .     3574 

Exempt  from  road  and  jury  duty,  and  from  poll- 
tax    '. 3575 

Have  supervision  of,  and  power  to  establish  pub- 
lic schools    3561 

Jury  duty,  exempt  from 3575 

Local  school  funds,  have  charge  of  apportionment 

and  expenditure  of;  exception 3617 


121 

Location  of  school  Avhen  only  one  in  a  township ; 
how  located;  change  of  loca- 
tion      3566 

and  employment  of  teachers,  to 

what  regard  must  be  had  in     3567 
May  be  removed  from  office  by  county  superin- 
tendent   Subd.  7     3556 

Meetings  with  parents  and  guardians;  business 

transacted  thereat 3562 

report  to  county  superintendent  number 
and  location  of    schools,  etc.,    within 

ten  days  after  such 3563 

notice  and  duration  of;  effect  of  failure 

to  attend 3564 

appeal  to  county  superintendent    from 

decision  of  trustees  at  such 3565 

Must  visit  schools  in  their  district  at  least  once 

during  each  scholastic  year 3570 

Penalty  for  certain  defaults  in  reference  to  sale 

of  school  lands 3650 

Poll-tax,  exempt  from 3575 

Eoad  duty,  exempt  from   3575 

School  lands,  must  report  income  from  sale  or 

lease  of 3634 

duties  and  powers  as  to  lease  and 

sale  of 3625-3660 

compensation   for   holding  election 

and  making  sale  of 3650 

Teachers,  to  what  regard  must  be  had  in  locating 

schools  and  employing    3567 

employing,  and  opening  schools,  rules 

in  reference  to 3568 

Teachers,  execution  of  contracts  with;  contract 

for  transferred  pupils 3569 

may  remove,  but  must  pay  for  time 

taught '. 3571 

must  require,  to  register  daily  attend- 
ance of  pupils) 3572 

Transferred  pupils,  must  contract  with  teachers 

for 3569 

Vacancies  in  office  of,  filled  by  county  superin- 
tendent      Subd.  9     3556 


122 

PUBLIC  SCHOOLS. 

Attendance  of  pupils  to  be  registered. . .  .     3572,  3580 
Board  of  education ;  how  constituted ;  vacancies ; 

by  whom  filled 3583 

meetings  of   3584 

power  to     cancel     licenses; 

cause  for  cancellation ....  3588 
Child  to  attend  but  one  public  school,  etc.,  except 

by  consent,  etc   3596 

when  non-resident,  entitled  to  school  pri- 
vileges    3597 

Contracts  for,  invalid,   when    3606 

Location  of,  when  but  one  in  toAvnship;  how  lo- 
cated ;  change  of  location 3566 

to  what  regard  must  be  had  in 3567 

meeting  as  to,  number,  etc.,  of  schools  3562 
Must  be  visited  at  least  once  during  schlastic 

year  by  trustees   3570 

separate  schools  for  the  two  races 3600 

Non-resident,  when  entitled  to  school  privileges.  .  3597 

Opening  schools,  rules  in  reference  to 3568 

Pupils  enlisted  to  instruction  in 3595 

attendance  of,  to  be  registered  .  .  3572,  3580 
child  to  attend  but  one,  except  by  con- 
sent, etc. ' 3596 

when  non-resident,  entitled  to  school 

privileges    3597 

Pupils,  public  examinations  and  certificates  to.  .  3599 
must  be  instructed  as  to  the  nature  of  alco- 
holic drinks  and  narcotics 3578 

must  be  instructed  in  state  and  federal  con- 
stitutions   Subd.  4  3546 

Rules  in  reference  to  opening  schools 3568 

Scholastic  periods,  what  are.^ 3598 

School  districts:  establishment  and  supervision 

of;  capacity  to  hold  property 3594 


123 

Teachers  shall  instruct  as  to  nature  of  alcoholic 
drinks  and  narcotics  and  their  ef- 
fects, etc 3578 

hoAV  long  certificates  to,  are  valid.  . .  .     3579 
register  of  attendance  of  pupils  to  be 

kept  and  submitted,  etc 3580 

must  make  quarterly  reports  to  coun- 
ty superintendent ;  contents  of,  etc .     3581 
not  entitled  to  compensation  until  re- 
ports made 3581 

to    be  paid    quarterly,    and    receipts 

taken 3582,3612 

when  i)aid  monthly 3614 

to  Avhat  regard    must  be  had    in  em- 
ploying        3567 

Teacher,  rules  in  reference  to  employing 3568 

execution  of  contracts  with;  contract 

for  transferred  pupils 35G9 

removal  of,  by  trustees;  payment  for 

time  taught 3571 

must  keep  register  of  daily  attendance 

of  pupils   \ 3572 

cause  for  cancellation  of  license  to  teach     3588 
Teachers'  institutes;  duty  of  board  of  education 

to  organize 3590 

officers  and  members  of;  not 

imposed  without  consent.     3591 
meeting  of;  address;  attend- 

tendance,  .etc 3592 

business  of 3593 

To  be  established  by,  and  be  under  supervision  of 

township   trustees 3561 

what  regard  must  be  had  in  locating.  . .  .     3567 
Two  races,   separate  schools  for  the 3600 

SCHOOL    FUNDS,    APPORTIONMENT    AND    DIS- 
BURSEMENT OF. 

Apportionment ;  basis  of,  and  how  made 3605 

to  be  recorded  and   certified  to 

county  superintendents 3606 

and  expenditure  of  local   school 

money 3617 

of  income  from  trust  fund  when 
township  divided    3618 


124 

Auditor  certifies  amount  of  money  to  credit  of 

educational  fund    3601 

amount  certified  by,  to  be  apportioned  by 
superintendent,  drawn  and  disbursed, 

etc 3601 

amount  apportioned  certified  to ;  no  war- 
rant drawn  in  excess;  balance  unap- 
portioned  certificate  to  treasurer.  . .  .     3603 
Auditor,  amount   due  each  county  apportioned 

and  certified  to \ 3609 

shall   draw  warrant  in  favor  of  county 

superintendent 3611 

file  said  warrant- and    pay     roll     with 

the  treasurer   3611 

must  prepare  blank  pay  rolls,  receipts, 

etc 3613 

Contingent  expenses  and  amount  for  normal 
schools  set  apart,  residue  appor- 
tioned       3602 

fund  for  department  of  education .  .     3622 
unexpended  part  of,    credited    to 

next  year 3623 

Each  county  receives  poll-tax  collected  therein, 

and  no  more .     3307 

township  and  race  entitled  to  its  poll-tax; 

report  as  to   3608 

Fund,  what,  first  set  apart;  effect  of  apportion- 
ment      \ |3604 

once    apportioned,  not    used  for    other 

purposes  until  reapportioned    3620 

unused  for  two  years,  apportioned  by 

county  superintendent 3619 

what  part  of  income  of  townships  new 

districts  are  entitled  to 3621 

Local  school  money,  apportionment  and  expendi- 
ture of ^ , 3617 

New  districts,  Avhat  part  of  income  of  townships, 

entitled  to 3621 

Pay  rolls,   county  superintendents  shall     make 

quarterly 3610 

duplicate,  to  be  forwarded  to  superin- 
tendent        3610 


125 

Pay  rolls,  if  correct,  approved  and  filed  with  au- 
ditor       3610 

auditor  shall  draw  warrant  for  amount 

of,  in  favor  of  county  superintendent  3611 
must  file  warrant  and,  with  treasurer.  .  3611 
treasurer  must  forward  money,  pay  roll 

and  duplicate  receipts,  etc    3611 

Pay  rolls,  teachers  paid,  and  duplicate  pay  rolls 

to  be  signed  by    3612 

duplicate,  returned  to  superintendent.  .     3612 
auditor  must  prepare  blanks,  receipts, 

etc 3613 

when   teachers  paid   monthly,   duty   of 

county  superintendents  as  to   2614 

if  any  balance  in  hands  of  county  su- 
perintendent deduct  from  next  quar- 
terly       3615 

county  superintendent  failing  to  make, 
sign  receipts,  or  to  pay  teachers,  etc., 

must  be  removed  from  office 3616 

Poll  tax,  each  county  receives,  collected  therein, 

no  more 3607 

township  and  race  entitled  to  its;  re- 
port as  to 3608 

State  treasurer,  duty  of,  as  to  forwarding  money, 

etc.,  to  county  superintendent 3611 

Teachers,  payment     of  when  made;     manner  of 

taking  receipts,  etc 3612 

when     paid  monthly;     duty  of    county 

superintendent 3614 

Township  divided,  apportionment  of  income  from 

trust  fund  when 3618 


SCHOOL  LANDS. 

Past-due  notes  to  be  placed  in  hands  of,  etc  ....     3655 
for  indemnity  school  lands  placed 

in  hands  of,  when   3663 

Apportionment  of  agents,  etc.,  by 3656 

Bonds  required  of  trustees  when  lands  about  to  be 


126 

sold  or  leased 3959 

Clerk  of  court  to  certify  certain  facts,  etc.,  to  su- 
perintendent of  education;     penalty     for 

failure 3949 

Collection  of  notes  for  purchase  money  of .  . .  .3655-3657 
Compensation  of  township  trustees  for  holding 

election  for,  and  sale  of 3650 

Costs  not  to  be  taxed  against  township  when  no 

money  recovered,  etc 3649 

Definition  as  to  what  are  school  lands,  and  in 

whom  vested 3625 

Election  as  to  sale  of 3635 

oath  of  inspector  of 3636 

if  inspector  absent  how  place  supplied .  .     3637 
polls  to  be  opened  and  closed  at  what 

hours 3638 

manner  of  voting  at   3639 

if  majority  for  sale,  survey  made,  and 

minimum  price  fixed 3640 

plat  of  land  with  minimum  price  marked 

to  be  kept  for  inspection   3641 

Faith  and  credit  of-  State  pledged  for  payment  of 

interest  on  school  fund,  etc  3658 

Fines  under  provisions  of  sections  3649  and  3650 

go  to  school  fund  . 3651 

Incorporation  of  townships  3624 

Indemnity  school  lands,  sale  of,  authorized 3661 

manner  and  terms  of  sale 

of   3664 

proceeds  of  sale  of;   how 

disposed  of 3662 

notes  taken     by     superin- 
tendent, etc 3663 

when  turned  over  to  attor- 
ney general 3663 

lease  of,  provisions  as  to .  .     3665 
what  provisions  as  to  tres- 
pass, resale,  etc.,  appli- 
cable         3666 

Issue  of  patents;  correction  of  mistakes,  etc.,. 3652-3654 
Other  lands  may  be  leased;  terms;  rent;  notice; 

duties  of  lessee,  etc   3627-3630 


127 

Patent,  when  to  be  issued 3652 

issue  of,  by  secretary  of  state;  correction 

of  mistakes 3653 

Patents;    in    other    cases;  certificate  of  superin- 
tendent necessary,  etc 3654 

Penalty  against  clerk  of  court  for  failure  to  certi- 
fy certain  facts,  etc 3649 

township  trustees  for  certain  de- 
faults relative  to  sales,  etc ...  .  3650 

for  injury  to  timber  on 3632,  3633 

Plat  of,  with  minimum  price  marked,  etc.,  to  be 

kept  open  for  inspection    3641 

Proceeds  of  sale  of,  to  be  covered  into  state  treas- 
ury    3658 

faith  and  credit  of  state  pledged 

for  payment  of  interest  on .  .  3658 

Provisions  of  article  as  to  sale  of,  directory 3644 

what  applicable  to  trespass  on,  resale, 

etc.,  of  indemnity  lands 3666 

Purchase  money,  collection  of  notes  for  3655-3657,  3663 

Report  of  income  from  leasing  or  renting 3634 

Resale  of;  when  may  be  made 3646 

Revesting  of  title;  clerk  to  certify  facts;  penalty 

for  failure;  costs 3649 

Sale  of,  election  for 3635-3639 

if  majority  for,  survey  made  and  mini- 
mum price  fixed 3640 

plat  with  minimum  price  marked,  etc., 

to  be  kept  free  to  inspection 3641 

notice  of 3642 

at  public  auction,  terms  of 3643 

provisions  as  to,  directory 3641 

report  of ;  disposition  of  purchase  money 

notes 3645 

resale,  when 3646 

certificate  of  purchase 3647 

effect  and  operation  of 3648 

revesting  of  title,  etc  3649 

compensation  to  township  trustees  for 

making ;  penalty  for  defaults   3650 


128 

Bale  of,  proceeds  of,  covered  into  state  treasury    3658 
bond  required  of  trustees  when,  or  lease 

about  to  be  made 3659 

Sale  of,  by  whom,  duties  as  to,  etc.,  performed 
by  whom,  duties  as  to,  etc.,  performed 

when  township  divided  36C0 

school  indemnit}^  lands,  authorized ....     3661 

proceeds  of ;  how 

disposed   of.     3662 
notes     taken     by 
superintend- 
dent     of     ed- 
ucation         3663 

when  to  he  placed 
with  attorney  general     3663 
manner  and  terms 

of 3664 

School  indemnity  lands,  lease  of 3665 

provisions  applicable  to 3666 

Secretary  of  State ;  issue  of  patent  by ;  correction 

'of  mistake 3653 

State,  faith  and  credit  of,  pledged  for  payment  of 

interest  on  school  fund 3658 

Timber  lots  reserved   3626 

how  used   3631 

penalty  for  injury  to  timber  on.  .3632,  3633 

Township,   incorporation   of    3624 

credited  with  collections  on  notes  given 

for  sale  of 3657 

when,  divided,    by  whom    duties  as    to 

lands  performed    3660 

trustees,   compensation   of,   for  making 

sale,  etc 3650 

Trustees,  township,  compensation  of,  for  making 

sale,  etc 3650 


r 


yc  066 IT, 


381353 


UNIVERSITY  OF  CAUFORNIA  LIBRARY 


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